Gilmer v. Mobile & Montgomery Railway Co.
Supreme Court of Alabama
Appeal from the Circuit Court of Lowndes. Tried before the Hon. John Moore. This action was brought by George N. Giltner, against the Mobile & Montgomery Railway Company, as the assignee and successor of the Alabama & Florida Railroad Company, to recover damages for alleged breaches of covenant; and was commenced on the 30th March, 1885. The covenants alleged to have been broken were contained in a written instrument under seal, dated March 7th5i 1868, by which the Alabama &…
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Appeal from the Circuit Court of Lowndes. Tried before the Hon. John Moore. This action was brought by George N. Giltner, against the Mobile & Montgomery Railway Company, as the assignee and successor of the Alabama & Florida Railroad Company, to recover damages for alleged breaches of covenant; and was commenced on the 30th March, 1885. The covenants alleged to have been broken were contained in a written instrument under seal, dated March 7th5i 1868, by which the Alabama & Florida Railroad Company, “in consideration,” as therein recited, “of George N. Gilmer having sold and conveyed to said…
1Opinion of the CourtSomeryille, J.
-The action is one at law for the breach of certain covenants entered into with the plaintiff by the Alabama & Florida Railroad Company, a body corporate, from which the defendant derived title, as assignee, to a strip of land, including the right of way, through the farm of the plaintiff, situated in the county of Lowndes. In March, 1868, the appellant, who was plaintiff in the court below, conveyed to the said assignor of defendant this right of way and land, extending fifty feet on each side of the center line of the raidroad track. In consideration of this grant, the said Alabama &…
2Cases cited12 opinions
- Trustees of Watertown v. Cowen & BaggNew York Court of Chancery · 1834
- Trustees of Columbia College v. LynchNew York Court of Appeals · 1877
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- Norman v. WellsNew York Supreme Court · 1837
- Atlantic Dock Co. v. . LeavittNew York Court of Appeals · 1873
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3Cited by34 opinions
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