Jones v. Sandlin
Supreme Court of Alabama
Appeal from Circuit Court, Blount County; Ü. A. Steele, Judge. Action by A. B. Jones and others against John Sandlin. Judgment for defendant, and plaintiffs appeal. The complaint filed November 14, 1918, by the appellants against the appellee, contained five counts; the first two being common counts, one for money due and the other for money had and received.
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Appeal from Circuit Court, Blount County; Ü. A. Steele, Judge. Action by A. B. Jones and others against John Sandlin. Judgment for defendant, and plaintiffs appeal. The complaint filed November 14, 1918, by the appellants against the appellee, contained five counts; the first two being common counts, one for money due and the other for money had and received. The third count claimed $1,500 for the conversion by the defendant during the years 1913 to 191G, inclusive, of 367,500 feet of timber and one stone chimney, the property of the plaintiffs. The fourth count was in assumpsit for the value…
1Opinion of the CourtGardner, J.
Pleas 3 and 5 were pleas of confession and avoidance; the defendant admitting the cutting 'of the timber, but attempting to justify the -same upon the permission and direction of the life tenant, Nancy I. Ward, who was then living and in the ■enjoyment of the life estate in the lands.
[1] A life tenant is not’under the will permitted to commit waste and thus damage or diminish the value of the inheritance, and to cut timber trees for sale is such waste as to give the remainderman a right of action. As to what cutting amounts to waste and the limitations on the life tenant in regard thereto has…
2Cases cited14 opinions
- Morris v. SmithTennessee Supreme Court · 1849
- Smyth v. TankersleySupreme Court of Alabama · 1852
- Howton v. MathiasSupreme Court of Alabama · 1916
- Farmers' Bank & Trust Co. v. Shut & KeihnSupreme Court of Alabama · 1916
- Hendricks v. KellySupreme Court of Alabama · 1879
9 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Frost v. JohnsonSupreme Court of Alabama · 1951
- First Nat. Bank of Mobile v. WefelSupreme Court of Alabama · 1949
- Guest v. GuestSupreme Court of Alabama · 1937
- Barker v. BarkerSupreme Court of Alabama · 1947
- Reynolds v. JonesSupreme Court of Alabama · 1962
2 more not listed; retrieve them via the Exa API.