East Birmingham Realty Co. v. Birmingham Machine & Foundry Co.
Supreme Court of Alabama
Appeal from Jefferson Chancery Court. Heard before Hon. A. H. Benners.' Bill by tbe East Birmingham Realty Company against the Birmingham Machine & Foundry Company and others. From the decree there was an appeal and cross-appeal. Reversed and remanded on cross-appeal, with directions. Counsel refer to and cite the cases as to the statute under which the bill was filed.
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Appeal from Jefferson Chancery Court. Heard before Hon. A. H. Benners.' Bill by tbe East Birmingham Realty Company against the Birmingham Machine & Foundry Company and others. From the decree there was an appeal and cross-appeal. Reversed and remanded on cross-appeal, with directions. Counsel refer to and cite the cases as to the statute under which the bill was filed. No dedication was made by the map nor by any act or conduct of the East Birmingham Land Company, or its successors in title under the act of 1886-7, p. 93. This being trne, the rules applicable to a common law dedication cannot…
1Opinion of the CourtMcCLELLAN, J.
The East Birmingham Realty Company filed this bill to quiet title to real estate, under Code 1896, § 809 et seq., against the Birmingham Machine & Foundry Company, et al. The land in question is described in the bill as being a strip 50 feet wide and 2,700 feet in length, having its termini, on the west, at the right of way line of the South & North Alabama Railroad Company (Louisville & Nashville Railroad), and, on the east, at the right of way line of the Georgia Pacific Railway Company, now owned by the Southern Railway Company. An indispensable aid to- an understanding of the status…
2Cases cited7 opinions
- City of Indianapolis v. KingsburyIndiana Supreme Court · 1884
- City & County of San Francisco v. BurrCalifornia Supreme Court · 1895
- Mayor of New-York v. Stuyvesant's HeirsNew York Court of Appeals · 1858
- Oswald v. GrenetTexas Supreme Court · 1855
- Schuchman v. Borough of HomesteadSupreme Court of Pennsylvania · 1886
2 more not listed; retrieve them via the Exa API.
3Cited by31 opinions
- Siegenthaler v. NewtonSupreme Court of Oklahoma · 1935
- First Avenue Coal & Lumber Co. v. KingSupreme Court of Alabama · 1915
- Frye v. King CountyWashington Supreme Court · 1929
- Manning v. HouseSupreme Court of Alabama · 1924
- Smith v. City of DothanSupreme Court of Alabama · 1924
26 more not listed; retrieve them via the Exa API.