Legal Opinion

Mt. Vernon Lumber Co. v. Shepard

Supreme Court of Alabama

Decided January 17, 1913PublishedCited by 14 opinions

Appeal from Mobile Chancery Court. Heard before Hon. Stewart Brooks, Special Chancellor. Bill by the Mt. Vernon Lumber Company against Kate T. Shepard and others to enforce certain rights in standing timber and to determine the damages to the land on account of its removal. From a decree sustaining demurrers to the bill complainant appeals.

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Appeal from Mobile Chancery Court. Heard before Hon. Stewart Brooks, Special Chancellor. Bill by the Mt. Vernon Lumber Company against Kate T. Shepard and others to enforce certain rights in standing timber and to determine the damages to the land on account of its removal. From a decree sustaining demurrers to the bill complainant appeals. The bill sets out the agreement noted in the opinion, alleges the payment of the notes and the fact .that, it entered and cut a portion of the timber and trees growing thereon, as it had a right to do, and further alleges that there is now growing on said…

1Opinion of the CourtMcC'LELLAN, J.

On the 19th day of April, 1901, Kate T. and Edward B. Shepard and the Mt. Vernon Lumber Company, a corporation, executed an instrument, attested by two-witnesses, containing these words: “That Avhereas said Kate T. Shepard and Edward Bruce Shepard are the oAvners in fee of certain property in Mobile county, Alabama, hereinafter more particularly described, on which said land is now timber of different kinds and qualities, and whereas said Mt. Vernon Lumber Company desires to obtain all right, title, and interest in and to such timber, for the purpose of cutting, sawing, transferring and…

2Cases cited10 opinions

  1. C. W. Zimmerman Mnfg. Co. v. DaffinSupreme Court of Alabama · 1906
  2. Heflin v. BinghamSupreme Court of Alabama · 1876
  3. Christopher v. Curtis-Attalla Lumber Co.Supreme Court of Alabama · 1912
  4. Magnetic Ore Co. v. Marbury Lumber Co.Supreme Court of Alabama · 1894
  5. Goodson v. StewartSupreme Court of Alabama · 1908

5 more not listed; retrieve them via the Exa API.

3Cited by14 opinions

  1. Houston Oil Co. of Texas v. BoykinTexas Supreme Court · 1918
  2. Shepard v. Mount Vernon Lumber Co.Supreme Court of Alabama · 1915
  3. H. H. Hitt Lumber Co. v. Cullman Coal & Coke Co.Supreme Court of Alabama · 1917
  4. Walters v. SheffieldSupreme Court of Florida · 1918
  5. McGill v. HolmanSupreme Court of Alabama · 1922

9 more not listed; retrieve them via the Exa API.

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