61 So. 270 | Ala. | 1913
The bill of complaint in this case was filed by the complainant, W. L. Smith, against H. R. Morris, L. A. Kilpatrick, P. W. Sullivan, W. W. Sullivan, Bert Ellison, W. H. Collier, A. A. Herndon, Frank House, James Strong, W. H. Collier & Co., a partnership composed of W. H. Collier and A. A. •Herndon, and the Southern Iron & Steel Company, a corporation organized and existing under the laws of the state of New Jersey.
The complainant alleges in his bill of complaint that on or about the 14th day of June, 1910, and for a long time prior thereto, he owned in fee simple and was at that time, and at the time of the filing of the bill of complaint, lawfully possessed of .certain lands which are described in the bill of complaint. The bill of complaint further alleges that the respondents and each of them “did on or about the 27th day of February, 1911, and at divers different times between that date and the filing of this bill, wickedly and maliciously conspire together, and with intent to injure and impoverish complainant, trespass upon” the said lands. In other words, the bill of complaint alleges that the respondents were guilty of continuous acts of trespass upon the complainant’s said lands, and that they were jointly responsible therefor because of an unlawful conspiracy on the part of the respondents thereby to injure and impoverish the. complainant.
There was evidence of independent acts of trespass committed at different times by the respondents or some of them, acting separately from his corespondents upon the lands of the complainant. The preponderance of the evidence in the case, however, rebutted any idea that there was any conspiracy on the part of the respondents to trespass upon said lands or in any way to injure the complainant. Each respondent may at some time have been guilty of an act of trespass upon the complainant’s land, but the preponderance of the evidence discloses that'such act of trespass was an independent act of trespass with which his correspondents had no connection. The complainant failed, therefore, to prove one of the material allegations of his bill of complaint — an allegation upon Which the entire equity
There is no error in the record. The decree of the court below is affirmed.