Ala. Gt. Southern R. R. v. South & North Ala. R. R.
Supreme Court of Alabama
Appeal from Jefferson Chancery Court. Heard before Hon. Thomas Cobbs. In 1881, the Alabama Great Southern Railroad Company brought a statutory action of ejectment against the South & North Alabama Railroad Company for the recovery of a certain strip of land therein described, extending through the city of Birmingham, being part of its right of way.
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Appeal from Jefferson Chancery Court. Heard before Hon. Thomas Cobbs. In 1881, the Alabama Great Southern Railroad Company brought a statutory action of ejectment against the South & North Alabama Railroad Company for the recovery of a certain strip of land therein described, extending through the city of Birmingham, being part of its right of way. This bill was filed for the purpose of enjoining that action and to obtain specific performance of the contract hereinafter set out. Prior to the year 1871, the South & North Alabama Railroad Co., and the Alabama & Chattanooga Railroad Co., were…
1Opinion of the CourtSomebyille, J.
The contract of April 21st, 1871, purporting to have been executed between the Elyton Land Company, the Alabama and Chattanooga Bailroad Company, and the South and North Alabama Bailroad Company, has an important bearing on the issues in this cause, and we, therefore, first Consider the objections urged by the appellant in opposition to its validity.
It is urged, in the first place,- that this contract was executed by certain officers of the Alabama and Chattanooga Bail-road Company without the written authority of that Company, and was never afterwards ratified by its board of directors or…
2Cases cited13 opinions
- Wendell v. Van RensselaerNew York Court of Chancery · 1815
- Frost v. BeekmanNew York Court of Chancery · 1814
- Morton & Bliss v. New Orleans & Selma Railway Co.Supreme Court of Alabama · 1885
- Doe ex dem. McPherson v. WaltersSupreme Court of Alabama · 1849
- Hendricks v. KellySupreme Court of Alabama · 1879
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3Cited by26 opinions
- Arbenz v. Wheeling & H. R. Co.West Virginia Supreme Court · 1889
- Daily ex rel. Daily v. MinnickSupreme Court of Iowa · 1902
- Missouri, Kansas & Texas Railway Co. v. SmithTexas Supreme Court · 1904
- Burleson v. MaysSupreme Court of Alabama · 1914
- Ingalls Iron Works Company v. IngallsDistrict Court, N.D. Alabama · 1959
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