Legal Opinion

Vankirk Land & Construction Co. v. Green

Supreme Court of Alabama

Decided February 5, 1902PublishedCited by 5 opinions

Appeal from Pike Circuit Court. Tried before Hon. J. P. Hubbard. Statutory action of ejectment. In addition to the facts shown by the opinion, it appeared that the matter of allotment to the Mobile & Girard Kailroad Company or its grantees of such lands as they were entitled to was taken up before the commissioner of the general land office of the United States, under the provisions of the act of Forfeiture of September 29 th, 1890; that plaintiff had notice of this matter…

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Appeal from Pike Circuit Court. Tried before Hon. J. P. Hubbard. Statutory action of ejectment. In addition to the facts shown by the opinion, it appeared that the matter of allotment to the Mobile & Girard Kailroad Company or its grantees of such lands as they were entitled to was taken up before the commissioner of the general land office of the United States, under the provisions of the act of Forfeiture of September 29 th, 1890; that plaintiff had notice of this matter of allotment, and in compliance with notice from the land office propounded i,ts claim,to all the land conveyed to it by…

1Opinion of the CourtDowdell, J.

— This canse was tried lipón an agreed statement of facts. Based upon this agreed statement of facts, the general charge requested in writing was refused to the .plaintiff and given for the defendant. ' 1 -

The land in question was émbracéd in the grant1 of the United States government to the Mobile & Girard Bailroad Co,, in the act of Congress of June 3d, 1856; and the agreed statement of facts show’s -that the grant-was duly accepted by the State of Alabama as trustee in accordance with the terms and provisions of said act-of congress making1 the grant; that the line of said railroad company…

2Cases cited5 opinions

  1. Schulenberg v. HarrimanSupreme Court of the United States · 1875
  2. United States v. Southern Pacific RailroadSupreme Court of the United States · 1892
  3. United States v. Tennessee & Coosa RailroadSupreme Court of the United States · 1900
  4. Railroad Land Company v. CourtrightSupreme Court of the United States · 1875
  5. Dudley v. GallupsSupreme Court of Alabama · 1900

3Cited by5 opinions

  1. Seaboard Air Line Railway Co. v. MobleySupreme Court of Alabama · 1915
  2. Hodges v. HodgesSupreme Court of Alabama · 1910
  3. Hodges v. HodgesSupreme Court of Alabama · 1918
  4. Alabama Coal & Coke Co. v. Gulf C. & C. Co.Supreme Court of Alabama · 1910
  5. Glenn Refining Co. v. WebsterAlabama Court of Appeals · 1912

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