Craze v. Alabama State Land Co.
Supreme Court of Alabama
Trover and Conversion. Appeal from DeKalb Circuit Court. Heard before Hon. W. W. Haralson. Trover by the Alabama State Laud Company against A. J. Craze. From a judgment for plaintiff, defendant appeals. Trover by the Alabama State Land Company against A. J. Craze for the cutting of 423 logs from lands belonging to the plaintiff; (2) for 125,000 feet of lumber, the property of the plaintiff; and (3) trespass upon certain lands by going upon and cutting timber thereupon.
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Trover and Conversion. Appeal from DeKalb Circuit Court. Heard before Hon. W. W. Haralson. Trover by the Alabama State Laud Company against A. J. Craze. From a judgment for plaintiff, defendant appeals. Trover by the Alabama State Land Company against A. J. Craze for the cutting of 423 logs from lands belonging to the plaintiff; (2) for 125,000 feet of lumber, the property of the plaintiff; and (3) trespass upon certain lands by going upon and cutting timber thereupon. The evidence tended to show the cutting by defendant of about 165 pine trees and 258 oak trees from a part, of the land…
1Opinion of the CourtAnderson, J.
-While the plaintiff in trover should be permitted to prove the value of the chattels converted at any time between the conversion and trial, it was error on the part of the trial court to permit proof of the value of lumber at Brown’s mill, in the absence of any evidence that the logs had been converted into lumber. Lumber is to be distinguished from logs or timber (Webster’s Dictionary), and in common parlance as well means more than ordinary logs.
For the same reason, the trail court erred in giving chage 2 requested by the plaintiff, as there was no proof of the conversion of lumber as set…
2Cited by3 opinions
- American Railway Express Co. v. VoelkelTexas Commission of Appeals · 1923
- Winfield Lumber Co. v. PartridgeSupreme Court of Alabama · 1918
- Yellow Pine Lumber Co. v. Alabama State Land Co.Supreme Court of Alabama · 1911