Section 6-5-214

Action for trespass by person having bare title.

The person having title to lands, if no one is in actual possession under the same title with him, may commence an action for trespass thereon; and if a tenant is in possession and the trespass is such as injures the freehold, the owner, a remainderman, or reversioner may maintain trespass.

(Code 1907, §2455; Code 1923, §5661; Code 1940, T. 7, §85.)