New Orleans & Selma Railroad v. Jones
Supreme Court of Alabama
Appeal from Selma City Court. Tried before Hon. Jm Hahalson. This was a statutory real action brought March 4, 1879, by Sallie A. Jones, against Frank G. Ellis, to recover certain lands which were described in the complaint. The New Orleans and Selma Railroad and Immigration Association was, on motion, permitted to come in and defend, as landlord, the possession of its tenant, Ellis.
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Appeal from Selma City Court. Tried before Hon. Jm Hahalson. This was a statutory real action brought March 4, 1879, by Sallie A. Jones, against Frank G. Ellis, to recover certain lands which were described in the complaint. The New Orleans and Selma Railroad and Immigration Association was, on motion, permitted to come in and defend, as landlord, the possession of its tenant, Ellis. The defendants filed three pleas, in the first and second of which they denied possession of the land sued for, except a strip of the uniform width of one hundred feet constituting the right of way on which the…
1Opinion of the CourtSomeryille, J.
The Constitution of 1868 (Art. I, § 25) provided that “ laws may be made securing to persons- or corporations the riglit of way over the lands of either persons or corporations, and for works of internal improvement, the. right to establish depots, stations and turnouts, but just compensation shall, in all cases, be first made to the otvner. The Constitution oil 1875 seems still more explicit in engraft-ing this principle of previous compensation upon the exercise of' the right of eminent domain (Art. I, § 24), a caution which is probably attributable to the doubts entertained as to the…
2Cases cited18 opinions
- Green v. BiddleSupreme Court of the United States · 1823
- Sadler v. LanghamSupreme Court of Alabama · 1859
- Putnam v. RitchieNew York Court of Chancery · 1837
- Provolt v. Chicago, Rock Island & Pacific RailroadSupreme Court of Missouri · 1874
- Horton v. SledgeSupreme Court of Alabama · 1856
13 more not listed; retrieve them via the Exa API.
3Cited by38 opinions
- Moog v. RandolphSupreme Court of Alabama · 1884
- Pickett v. Doe ex rel. PopeSupreme Court of Alabama · 1883
- Humes v. BernsteinSupreme Court of Alabama · 1882
- Locklin v. TuckerSupreme Court of Alabama · 1922
- Columbus & Western Railway Co. v. WitherowSupreme Court of Alabama · 1886
33 more not listed; retrieve them via the Exa API.