Southern Railway Co. v. Cleveland
Supreme Court of Alabama
Trespass to Land. Appeal from Mobile Law and Equity Court, H'eard before Hon. Saffold Bernby. Action by Toulmin Cleveland and others against the Southern Railway Company. From a judgment in favor of plaintiffs, defendant appeals.
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Trespass to Land. Appeal from Mobile Law and Equity Court, H'eard before Hon. Saffold Bernby. Action by Toulmin Cleveland and others against the Southern Railway Company. From a judgment in favor of plaintiffs, defendant appeals. The patent referred to is in effect that William F. Cleveland had deposited in the office of the Secretary of State of Alabama a certificate of the receiver of the swamp and overflowed lands of Alabama in and for the district of Mobile, whereby it appears that full payment has been made by said Cleveland, according to certain statutes therein mentioned, for certain…
1Opinion of the CourtDowdell, C. J.
The first count of the complaint is in the Code form for trespass to land (quare clausum fregit), describing the injury thereto as “excavating and removing from said lands large quantities of sand and gravel, to wit, 20,000 cubic yards, on, to wit, the 1st day of December, 1907.” The second count is for conversion “on, to wit, the 1st day of September, 1906, and on divers days thereafter, of the following chattels, to wit: Twenty thousand cubic yards of sand taken by the defendant” from certain land — the same as that described in the first count. Issue was joined on the plea of not guilty to…
2Cases cited10 opinions
- Atlanta & Birmingham A. L. Ry. v. BrownSupreme Court of Alabama · 1908
- Goodson v. BrothersSupreme Court of Alabama · 1895
- Brinkmeyer v. BetheaSupreme Court of Alabama · 1903
- Union Naval Stores Co. v. PughSupreme Court of Alabama · 1908
- Buck v. Louisville & Nashville R. R.Supreme Court of Alabama · 1909
5 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Rushing v. Hooper-McDonald, Inc.Supreme Court of Alabama · 1974
- Foust v. KinneySupreme Court of Alabama · 1918
- Lehigh Portland Cement Co. v. DonaldsonSupreme Court of Alabama · 1935
- Fuller v. FairSupreme Court of Alabama · 1919
- McCay v. ParksSupreme Court of Alabama · 1918
4 more not listed; retrieve them via the Exa API.