Pearce v. Aldrich Mining Co.
Supreme Court of Alabama
Appeal from Marion Circuit Court. Heard before Hou. C. P. Almon. Action by James P. Pearce against the Aldrich Mining Company in trover. Judgment for defendant, and plaintiff appeals. See, also, 169 Ala. 161, 52 South. 911, Ann.
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Appeal from Marion Circuit Court. Heard before Hou. C. P. Almon. Action by James P. Pearce against the Aldrich Mining Company in trover. Judgment for defendant, and plaintiff appeals. See, also, 169 Ala. 161, 52 South. 911, Ann. Cas. 1912B, 288. The complaint claimed for-the conversion of 3,000,-000 tons of coal mined on, removed from, and converted by defendant between the 1st day of January, 1900, and the 1st day of April, 1905, from a quarter section of land set out in the complaint, the property of plaintiff. The case was submitted by agreement on the same fact as appears from the bill of…
1Opinion of the CourtAnderson, J.
— The general rule is that when things, which in their natural state, form part of the freehold, are severed therefrom, and converted into chattels, they belong to the owner of the land. Mere changes in the form of things, so long as the identity of the material can be traced, will not work a change of ownership. And trover or detinue may be maintained for their conversion or detention, if they are removed from the freehold. The owner of the freehold cannot, however, maintain either of these actions if, at the time of the severance, he had not actual or constructive possession of the land —…
2Cases cited9 opinions
- Cooper v. WatsonSupreme Court of Alabama · 1882
- White v. YawkeySupreme Court of Alabama · 1895
- Fielder v. ChildsSupreme Court of Alabama · 1883
- Aldrich Mining Co. v. PearceSupreme Court of Alabama · 1910
- Powers v. HatterSupreme Court of Alabama · 1907
4 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Green v. MarlinSupreme Court of Alabama · 1929
- McCay v. ParksSupreme Court of Alabama · 1918
- Aldrich Mining Co. v. PearceSupreme Court of Alabama · 1915
- Pearce v. Brilliant Coal Co.Supreme Court of Alabama · 1917
- De Kalb County v. McClainSupreme Court of Alabama · 1918
3 more not listed; retrieve them via the Exa API.