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Creel v. Crim

Court of Civil Appeals of Alabama
812 So. 2d 1259 (2001)


Facts

Tisia Baker Lovelady (defendant) hired Glenn Creel (defendant) to harvest timber on Lovelady’s property. Forest R. Crim (plaintiff) sued both Creel and Lovelady for trespass, claiming that Creel had removed trees from Crim’s property. Creel filed a cross-claim against Lovelady for indemnification against Crim’s claim, contending that Lovelady had represented that she owned the property where Crim’s trees were located. At trial, Crim presented evidence that trees had been taken from his property, which had been distinguished from Lovelady’s property by a visible fence line. Additionally, the evidence showed that Creel had written a note to Crim apologizing for overcutting. The trial court found Creel, but not Lovelady, liable for trespass and ordered Creel to pay damages of $5,400. The trial court then ordered Lovelady to pay $2,700 to partially indemnify Creel. Creel appealed the decision.

Rule of Law

Issue

Holding and Reasoning (Murdock, J.)

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