Glenn v. Adams

• Citation: 129 Ala. 189,29 So. 836
• Parties: GLENN v. ADAMS.
• Decision Date: 18 February 1901
• Court: Supreme Court of Alabama

29 So. 836

129 Ala. 189

GLENN v. ADAMS.

Supreme Court of Alabama

February 18, 1901

Appeal from circuit court, Henry county; J. W. Foster, Judge.

Action by Lucy W. Adams against J. A. Glenn and G. T. Dannelly. Judgment for plaintiff against defendant Glenn, and he appeals. Reversed.

This action was brought to recover the statutory penalty for knowingly entering upon lands of the plaintiff and willfully cutting pine trees thereon without the consent of the plaintiff. The defendants pleaded the general issue, and the cause was tried upon issue joined upon this plea. The evidence on the part of the plaintiff tended to show that the lands on which the trees were cut belonged to the plaintiff that they were cut by the defendants, or their employés under their instruction; and that she had never given them consent to cut the trees from her said lands. The evidence for the defendants tended to show that the defendant Glenn had instructions from one Reed to cut the timber from his lands and that Glenn pointed out the land upon which the cutting was done to his co-defendant, Dannelly, and told him that it was Reed's land, and he had instructions from Reed to cut the trees therefrom; that the trees were cut from the lands so pointed out by the employés of the defendant; and that, at the time of pointing out the lands and of cutting the trees Glenn believed that it was Reed's land, from which he had instructed his co-defendant to have the trees cut, and from which the trees were cut. Upon the introduction of all the evidence, the court, at the request of the plaintiff, gave to the jury, among others, the following written charge "(3) If the jury believe from the evidence that the defendants cut the trees charged in the complaint, willfully and knowingly, without plaintiff's consent, then their verdict must be for the plaintiff." The defendants separately excepted to the giving of each of the charges requested by the plaintiff, and also separately excepted to the court's refusal to give the following charge requested by them: "(2) If the jury believe from the evidence that the defendants entered upon the land of plaintiff and cut trees growing thereon under the honest impression that it was the land of another, who had given Glenn permission to cut down such trees on his land, then they must find for the defendants." There were verdict and judgment for the plaintiff against Glenn, and a verdict and judgment in...