Supreme Court of Alabama April 16, 1925, 8 Div. 739. (Gunn v. Parsons)

THOMAS, J.

The action -was to recover damages for cutting and removing timber. The trial by the jury was on counts 6 and 7, trespass to land or actions on the case; 9, for money had and received; and 10, for conversion of oak and hickory timber. The general issue was pleaded, “with leave to offer in evidence any matter or thing that, if specially pleaded, would be a good defense.