Gillespie v. Dew

1 Stew. 229 (Ala. 1827)

Facts

Gillespie (P) sued Dew (D) for entering his close and cutting down and carrying away, sundry timber trees, etc. P proved title to the land and that D had cut and carried away the timber. D claimed that P lived 20 miles away from the land and that it did not appear that anyone was in actual possession of the land. The judgment went to D and P appealed.