Legal Opinion

Sullivan v. Rabb

Supreme Court of Alabama

Decided December 15, 1888PublishedCited by 11 opinions

Appeal from tbe Chancery Court of Escambia, Heard before tbe Hon. John A. Foster, The bill in this case was filed on the 22d November, 1886, by Martin H. Sullivan and Mrs. Emily S. Sullivan, as executor and executrix o£ the last will and testament o£ Daniel E. Sullivan, deceased, against C. S. Babb and six other persons; and sought to enjoin and restrain the commission of further trespasses and acts of depredation by the several defendants, on different portions of a large…

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Appeal from tbe Chancery Court of Escambia, Heard before tbe Hon. John A. Foster, The bill in this case was filed on the 22d November, 1886, by Martin H. Sullivan and Mrs. Emily S. Sullivan, as executor and executrix o£ the last will and testament o£ Daniel E. Sullivan, deceased, against C. S. Babb and six other persons; and sought to enjoin and restrain the commission of further trespasses and acts of depredation by the several defendants, on different portions of a large body of lands, of which, as the complainants alleged, their testator was seized and possessed at the time of his death,…

1Opinion of the CourtStone, C. J.

The present bill was filed for an injunction against six or more persons, to restrain them from cutting, removing and converting timber from a very large body of lands, very many thousand acres. The lands are pine lands, in forest, uncleared and uncultivated. Their chief value is in the pine timber .growing on them. There is but one material question of fact, upon which there is any dispute. Complainants claim that their testator, D. E. Sullivan, acquired possession of the lands in 1880, and continued in possession through his agents, tenants and employees, until his death in 1884, and that…

2Cases cited26 opinions

  1. Union Trust Co. v. Illinois Midland Railway Co.Supreme Court of the United States · 1886
  2. Eyster v. GaffSupreme Court of the United States · 1876
  3. Bank v. ShermanSupreme Court of the United States · 1880
  4. Chapman v. BrewerSupreme Court of the United States · 1885
  5. Landford v. DunklinSupreme Court of Alabama · 1882

21 more not listed; retrieve them via the Exa API.

3Cited by11 opinions

  1. Ashurst v. McKenzieSupreme Court of Alabama · 1890
  2. Powell v. LabrySupreme Court of Alabama · 1923
  3. Hooper v. Dora Coal Mining Co.Supreme Court of Alabama · 1891
  4. Blacksher Co. v. NorthrupSupreme Court of Alabama · 1911
  5. Moses Bros. v. JohnsonSupreme Court of Alabama · 1889

6 more not listed; retrieve them via the Exa API.

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