Magnetic Ore Co. v. Marbury Lumber Co.
Supreme Court of Alabama
Appeal from the Chancery Court of Chilton. Heard before the Hon. S. K. McSpadben. The bill in this case was filed on December 4,1893, by. the appellant, the Magnetic Ore Company, against the appellee corporation, the Marbury Lumber Company. The title of the complainant to the property involved in the suit is stated in the opinion.
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Appeal from the Chancery Court of Chilton. Heard before the Hon. S. K. McSpadben. The bill in this case was filed on December 4,1893, by. the appellant, the Magnetic Ore Company, against the appellee corporation, the Marbury Lumber Company. The title of the complainant to the property involved in the suit is stated in the opinion. The. title of the respondent is rest¿d upon a deed from the Louisville & Nashville Bailroad Company, executed on July 29, 1891, to certain parties through whom the respondéñt claims. The. other facts of "the cáse are sufficiently stated in The opinion. The…
1Opinion of the CourtColeman, J.
We presume the present bill was filed under the provisions of an act of the legislature entitled' ‘ 'An act to compel the determination of claims to real *467estate in certain cases, and to quiet the title to the same.” Acts of 1892-93, p. 42. The bill shows that in July, 1881, the Louisville & Nashville R. R. Co., by deed of conveyance regularly executed, sold and conveyed absolutely the “saw timber” growing on certain lands. No mention is made in the conveyance as to when, if ever, the “saw timber” was to be cut and removed, but the saw timber is sold and conveyed wholly without condition or…
2Cases cited1 opinion
- Heflin v. BinghamSupreme Court of Alabama · 1876
3Cited by24 opinions
- C. W. Zimmerman Mnfg. Co. v. DaffinSupreme Court of Alabama · 1906
- Anderson v. Miami Lumber Co.Oregon Supreme Court · 1911
- Hicks v. PhillipsCourt of Appeals of Kentucky · 1912
- Butterfield Lumber Co. v. GuyMississippi Supreme Court · 1908
- Adkins v. HuffWest Virginia Supreme Court · 1906
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