76 Ala. 267 | Ala. | 1884
— The principle settled in Cooper v. Watson, 73 Ala. 252, is conclusive, in our opinion, against the plaintiff’s right of recovery in the present action. The suit there was one of detinue, brought by the owner of the freehold of certain lands, for timber which had been converted into chattels by the defendant, who, being in possession, had
The present action is for damages for destruction of trees, under the provisions of section 3551 of the Code. The title of the lands was in the plaintiff, but the defendant was in possession, holding them adversely, at the time the trees were cut and removed from the freehold. Under the principle above stated, the action would not lie, until the plaintiff had first recovered possession of the land by ejectment, or, at least, by way of mesne profits in such an action. The judgment of the court must be reversed, in view of these principles, and the cause remanded.