Hooper v. Columbus & Western Railway Co.
Supreme Court of Alabama
Appeal from the Circuit Court of Lee. Tried before the Hon. H. D. Clayton. This action was brought by George D. and George W. Hooper, suing jointly, against the Columbus & Western Railway Company, to recover the possession of certain town lots in Opelika, through which the track of the defendant’s road ran, and was commenced on the 17th April, 1882. As to the lands of which it had possession, the defendant pleaded not guilty, and a special plea in these words : “As to the…
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Appeal from the Circuit Court of Lee. Tried before the Hon. H. D. Clayton. This action was brought by George D. and George W. Hooper, suing jointly, against the Columbus & Western Railway Company, to recover the possession of certain town lots in Opelika, through which the track of the defendant’s road ran, and was commenced on the 17th April, 1882. As to the lands of which it had possession, the defendant pleaded not guilty, and a special plea in these words : “As to the lands on which said railway company has its right of way, defendant says, that the former corporation, the Savannah &…
1Opinion of the CourtSomerville, J.
It is not controverted that the plaintiffs in the present action, which is one of ejectment under the statute, have the legal title to the land sued for, and that the *216title of the defendant — the Columbus & Western Railway Co. — is merely equitable. This was settled in Hooper v. Savannah & Memphis R. R. Co., 69 Ala. 520, which involved the construction of the identical contract.
Nor is it denied that the settled rule in this State, in ordinary cases, is, that in actions of ejectment the legal title must always prevail, and that a court of law can take no cognizance of a mere equitable title.…
2Cases cited15 opinions
- United States v. LeeSupreme Court of the United States · 1882
- Williams v. McMillanOhio Supreme Court · 1849
- South & North Alabama Railroad v. MorrisSupreme Court of Alabama · 1880
- Comer v. SheehanSupreme Court of Alabama · 1883
- Pollard v. MaddoxSupreme Court of Alabama · 1856
10 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Woods v. Montevallo Coal & Transportation Co.Supreme Court of Alabama · 1887
- Highland Avenue & Belt Railroad v. MatthewsSupreme Court of Alabama · 1892
- Mobile Savings Bank v. McDonnellSupreme Court of Alabama · 1889
- Dinkins v. LathamSupreme Court of Alabama · 1907
- Green v. JordanSupreme Court of Alabama · 1887
5 more not listed; retrieve them via the Exa API.