42 So. 1019 | Ala. | 1907
The bill in this cause was filed to quiet the title to the timber now growing upon certain de
But, considering the case, as the chancellor did, upon the affidavits and on abstract of respondents’ title to the pine timber, submitted along Avith the motion, without- committing ourselves to the correctness of this procedure, we are constrained to reach the same conclusion. Price’s deed only conveyed the pine timber on the land at the date of its execution (1855) large enough to be sawn‘into lumber. The preponderance of the evidence, as shown by the affidavits, establishes that all such timber Avas cut and removed from said lands many years ago, and that the pine timber now on it has groAvn up since. We do not wish to be understood by what we have said as intimating that, if the pine timber now on the land Aims on it in 1855, respondents would havé the legal right of ingress and egress on and over the land for the purpose of cutting it. This question is not presented. The decree dismissing the injunction is reversed, and one will be here rendered reinstating it.'
Reversed and rendered.