UPTON v. READ

7 Div. 102.

56 So.2d 644 (1952)

UPTON et al. v. READ.

Supreme Court of Alabama.

January 24, 1952.


Attorney(s) appearing for the Case

Ross Blackmon, Anniston, and Martin & Hinton, Gadsden, for appellants.

Wm. C. Bibb, Anniston, for appellee.


SIMPSON, Justice.

Plaintiffs sued defendant Read for cutting timber on lands allegedly owned by them. Count 1 was in debt to recover for the statutory penalty, Code 1940, Title 47, § 272, Count 2 was in trespass, and Count 3 in trover. From a verdict and judgment for the defendant the plaintiffs have appealed.

The suit arose over a disputed boundary line separating plaintiffs' forty acres on the west from the forty on the east on which defendant had authority...

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