SIBLEY v. ADAMS

Civ. 546.

324 So.2d 287 (1975)

John D. SIBLEY and Charles J. Smith v. Willard E. ADAMS, Sr. and Brenda H. Adams.

Court of Civil Appeals of Alabama.

Rehearing Denied October 8, 1975.


Attorney(s) appearing for the Case

Wade H. Morton and Bryant A. Whitmire, Birmingham, for appellants.

Madison W. O'Kelley, Jr., Birmingham, for appellees.


WRIGHT, Presiding Judge.

Defendants appeal from a verdict and judgment in favor of plaintiffs for damages resulting when trees were cut from plaintiffs' land.

Plaintiffs own approximately three acres of wooded land in Jefferson County. Defendant Sibley is the owner of an adjoining tract. In 1972, defendant Sibley leased his land for strip mining to the Hallmark Coal Company, reserving the right to remove timber from the land prior to mining.

As part...

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