Said pleas neither set out the record of the proceedings in the equity suit nor state the entire effect of the decree. Karter v. Fields, 140 Ala. 352, 37 So. 204; Gilbreath v. Jones, 66 Ala. 132; Quinn v. Pratt, 177 Ala. 440, 59 So. 49; Green v. McCord, 204 Ala. 364, 85 So. 752. BOULDIN, J.
Trover did not lie for the damages sustained by the owner of the legal title through the severance and removal of the trees from her lands. Cooper v. Watson, Adm'r, 73 Ala. 252; Lyons v. Stickney, 170 Ala. 134, 54 So. 496; Quinn v. Pratt Co., 177 Ala. 434, 438, 59 So. 49; Pearce v. Aldrich Co., supra. The remedy in such cases is trespass quare clausum fregit, or an action for damages recoverable in ejectment, as the case may be. The judgment of the circuit court is reversed, and the cause is remanded.
This was essential. Haines v. Cunha, 217 Ala. 73, 114 So. 679; Quinn v. Pratt Co., 177 Ala. 434, 59 So. 49. It should show the judgment was on the merits. Haines v. Cunha, supra; Yancey v. Denham, 211 Ala. 138, 99 So. 851.