Southern Railway Co. v. Cowan
Supreme Court of Alabama
Appeal from the Chancery Court of Etowah. 'Heard before the. Hon. Richard B. Kelly. The original bill in this case was filed on July 26, 1895, by W. N. Cowan against the appellee, the Southern Railway Company.
Read the full summary
Appeal from the Chancery Court of Etowah. 'Heard before the. Hon. Richard B. Kelly. The original bill in this case was filed on July 26, 1895, by W. N. Cowan against the appellee, the Southern Railway Company. The facts averred in the original hill show that the complainant, during his life time, was seized and possessed of 300 acres of land in Etowah county, upon .which he resided and.made his home; that on August 12, 1886, .while so residing', upon said land,. he executed- a deed to one Printup, as president of the Borne & Decatur Railroad Company, conveying a strip of land, not to exceed…
1Opinion of the CourtHaralson, J.
The decision in this cause on a former appeal. (118 Ala. 554). is a virtual determination of most o'f the questions now presented.
1. It is- set up. in the. answer, that the owner of .the land, W. N. Cowan, in bis lifetime, brought ejectment in the city court of Gadsden for the. strip of land used as a right of way by the defendant company, and on the trial of said cause, the question of said strip' being a part of the homestead of said Cowan, • at the time of his said deed to the Rome .& Decatur Railroad Co. was involved, was adjudicated adversely to said Cowan, and such adjudication is…
2Cases cited7 opinions
- Jones v. New Orleans & Selma RailroadSupreme Court of Alabama · 1881
- Williamson v. Mayer Bros.Supreme Court of Alabama · 1897
- Mobile & Ohio Railroad v. Postal Telegraph Cable Co.Supreme Court of Alabama · 1897
- Cowan v. Southern Railway Co.Supreme Court of Alabama · 1897
- Southern Railway Co. v. HoodSupreme Court of Alabama · 1899
2 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- McLemore v. Alabama Power CompanySupreme Court of Alabama · 1969
- Hendrix v. Southern Railway Co.Supreme Court of Alabama · 1900
- Carr v. MooreSupreme Court of Alabama · 1919
- Smith v. JeffcoatSupreme Court of Alabama · 1916
- Birmingham-Trussville Iron Co. v. Allied Engineers, Inc.Supreme Court of Alabama · 1932
8 more not listed; retrieve them via the Exa API.