Alexander v. Smith
Supreme Court of Alabama
Appeal from Circuit Court, Autauga County; W. W. Pearson, Judge. Action by Charles Alexander and others • against McQueen Smith and others to recover a penalty. Judgment for defendants, and plaintiffs appeal.
1Opinion of the CourtMayfield, J.
This was an action by appellants to recover the statutory penalty for destroying trees or saplings growing on certain land described as the west half of fractional section 35, township 17, range 16, in Autauga county.
The timber was cut or destroyed in clearing off and cleaning out an old ditch known as “Frenchman’s ditch,” often referred to in various deeds and mortgages through which both parties claim title to the lands; and it is claimed by the plaintiffs that the ditch forms the boundary line between their land and that of the defendants, and that the trees, saplings, and bushes cut by…
2Cases cited16 opinions
- Cooper v. WatsonSupreme Court of Alabama · 1882
- Russell v. IrbySupreme Court of Alabama · 1848
- White, McLane & Morris v. FarrisSupreme Court of Alabama · 1899
- Williams v. HendricksSupreme Court of Alabama · 1897
- Postal Telegraph Co. v. LenoirSupreme Court of Alabama · 1894
11 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Du Boise v. BrewerSupreme Court of Alabama · 1977
- Dollar v. McKinneySupreme Court of Alabama · 1961