Elyton Land Co. v. South & North Alabama Railroad
Supreme Court of Alabama
Appeal from the Circuit Court of Jefferson. Tried before the Hon. James B. Head. This was an action of ejectment brought by the Elyton Land Company against the South & North Alabama Bail-road Company for a right of way over a strip of land 100 feet in width, in the city of Birmingham. The averments of the complaint are sufficiently stated in the opinion.
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Appeal from the Circuit Court of Jefferson. Tried before the Hon. James B. Head. This was an action of ejectment brought by the Elyton Land Company against the South & North Alabama Bail-road Company for a right of way over a strip of land 100 feet in width, in the city of Birmingham. The averments of the complaint are sufficiently stated in the opinion. The defendant demurred to the complaint on the following-grounds : “1st. The facts alleged in said complaint show that defendant has a title to the alleged rights of way by deed executed by plaintiff prior to the commencement of +his action…
1Opinion of the CourtHaralson, J.
The suit is for a strip of land 100 feet wide, running, and constituting the right of way of the defendant corporation, through the City of Birmingham.
The averments of the complaint on which recovery is sought are, that in 1872, the plaintiff was the owner and in possession of said tract of land, and, for a nominal consideration, conveyed the same to the defendant railroad company as a right of way, upon a condition expressed in the deed of conveyance as follows : “Provided, however, that any other railroad running into or through the City of Birmingham shall have the right to run a parallel…
2Cases cited9 opinions
- Joy v. St. LouisSupreme Court of the United States · 1891
- Finlay v. King's LesseeSupreme Court of the United States · 1830
- Nicoll v. . the New-York and Erie Railroad Co.New York Court of Appeals · 1854
- Post v. . WeilNew York Court of Appeals · 1889
- McMahon v. WilliamsSupreme Court of Alabama · 1885
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3Cited by16 opinions
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- Austin v. PeppermanSupreme Court of Alabama · 1965
- Libby v. WinstonSupreme Court of Alabama · 1922
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