Seaboard Air Line Ry. v. Banks
Supreme Court of Alabama
Appeal from Circuit Court, Russell County; J. S. Williams, Judge. Ejectment by the Seaboard Air Line Railway against Mrs. Mary Lou Banks and another. Judgment for defendants, and plaintiff appeals.
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Appeal from Circuit Court, Russell County; J. S. Williams, Judge. Ejectment by the Seaboard Air Line Railway against Mrs. Mary Lou Banks and another. Judgment for defendants, and plaintiff appeals. The court erred in directing a verdict for the defendants. 202 Ala. 455, 80 South. 839; 182 Ala. 516, 62 South. 745; 190 Ala. 516, 67 South. 432; 128 Ala. 202, 30 South. 526, 55 L. R. A. 211; 102 Ala.- 224, 14 South. 379; 200 Ala. 304, 76 So. 70; 201-Ala. 449, 78 South. 827; 24 Wash. 366, 64 South. 516; 126 Ill. 233, 18 N. E. 301, 1 L. R. A. 213, 9 Am. St. Rep. 581; 17 Wend. (N. Y.) 564; 8 Cush.…
1Opinion of the CourtMidler, J.
This is a statutory ejectment suit by the Seaboard Air Line Railway, appellants, against Mrs. Mary Lou Banks and Mrs. Nona Andrews. It was tried on an agreed statement of facts. The court below gave the general affirmative charge asked in writing by the defendants, and refused a similar. charge requested in writing by plaintiff. These are the main errors assigned and insisted on in argument by plaintiff (appellant here).
W. H. Banks on August 26, 1890, owned the S. W. Yi of section 35, township 15, range 26, in Russell county, and on that day he and his wife executed and conveyed to the…
2Cases cited17 opinions
- Tanner's v. Louisville & Nashville RailroadSupreme Court of Alabama · 1877
- Hoyle v. Plattsburgh & Montreal RailroadNew York Court of Appeals · 1873
- Jackson v. Rutland & Burlington RailroadSupreme Court of Vermont · 1853
- Mobile & Ohio Railroad v. WilliamsSupreme Court of Alabama · 1875
- Tennessee & Coosa Railroad v. East Alabama Railway Co.Supreme Court of Alabama · 1883
12 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Collins v. Alabama Power Co.Supreme Court of Alabama · 1926
- Brown v. Alabama Power CompanySupreme Court of Alabama · 1963
- Central of Georgia Ry. Co. v. FaulknerSupreme Court of Alabama · 1927
- Rowell v. Gulf, M. O. R. Co.Supreme Court of Alabama · 1946
- Metropolitan Life Ins. Co. v. EstesSupreme Court of Alabama · 1934
14 more not listed; retrieve them via the Exa API.