Legal Opinion

Elyton Land Co. v. South & North Ala. Railroad

Supreme Court of Alabama

Decided December 15, 1891PublishedCited by 8 opinions

Appeal from tbe Circuit Court of Jefferson. Tried, before tbe Hon. James B. Heal. This action was brought by tbe Elyton Land Company, a private corporation, against tlie South & North Alabama Railroad Company, to recover tlie possession of a tract or strip of land, which was thus described in the complaint: “A strip of land 35 feet wide, on the north side of and adjoining the line of the right-of-way of the Alabama Great Southern Railroad Company, as located and extended…

Read the full summary

Appeal from tbe Circuit Court of Jefferson. Tried, before tbe Hon. James B. Heal. This action was brought by tbe Elyton Land Company, a private corporation, against tlie South & North Alabama Railroad Company, to recover tlie possession of a tract or strip of land, which was thus described in the complaint: “A strip of land 35 feet wide, on the north side of and adjoining the line of the right-of-way of the Alabama Great Southern Railroad Company, as located and extended from the west side or line of section 29, township 17, range 2 west, to the north line of section 2, township 18, range 3…

1Opinion of the CourtWalk.eb, J.

'The land involved in this suit is included in the description of the strips of land lying on either side of the right-of-way of the Alabama & Cattanooga Bailroad Company, which, by the terms of the contract of April 21st, 1871, between the Elyton Land Company, the Alabama & Chattanooga Railroad Company, and the South & North Alabama Bailroad Company, were to be held by the Elyton Land Company forever as a perpetual right-of-way for all railroad companies doing business in and through the city of Birmingham. That contract was before this court in the case of the Alabama Great Southern R. R.…

2Cases cited18 opinions

  1. President of Cincinnati v. Lessee of WhiteSupreme Court of the United States · 1832
  2. Morgan v. Railroad Co.Supreme Court of the United States · 1878
  3. Proprietors of Locks & Canals on Merrimack River v. Nashua & Lowell RailroadMassachusetts Supreme Judicial Court · 1870
  4. Memphis & Charleston Railroad v. WomackSupreme Court of Alabama · 1887
  5. Steele v. SullivanSupreme Court of Alabama · 1881

13 more not listed; retrieve them via the Exa API.

3Cited by8 opinions

  1. People v. Ocean Shore Railroad, Inc.California Supreme Court · 1948
  2. South & North Ala. R. R. v. Highland Av. & Belt R. R.Supreme Court of Alabama · 1893
  3. South & North Alabama Railroad v. Highland Avenue & Belt RailroadSupreme Court of Alabama · 1898
  4. Sadler v. Alabama Great Southern R. Co.Supreme Court of Alabama · 1920
  5. Southern Bell Telephone and Telegraph Company and American Telephone and Telegraph Company v. Southern Precision Pattern Works, Ins.Court of Appeals for the Fifth Circuit · 1958

3 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API