Cowan v. Southern Railway Co.
Supreme Court of Alabama
Appeal from the Chancery Court of Etowah. Heard before the .Hon. J. B. Dowdell. The original bill in this case was filed on July 26, 1895, by W. N. Cowan against the appellee, the Southern Railway Company. The facts averred in the original bill shows that the complainant, during his life time, was seized and possessed of 300 acres of land in Etowah county, upon which he resided and made his home.
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Appeal from the Chancery Court of Etowah. Heard before the .Hon. J. B. Dowdell. The original bill in this case was filed on July 26, 1895, by W. N. Cowan against the appellee, the Southern Railway Company. The facts averred in the original bill shows that the complainant, during his life time, was seized and possessed of 300 acres of land in Etowah county, upon which he resided and made his home. That on August 12, 1886, while so residing upon said land, he executed a deed to one Printup, as president of the Rome & Decatur Railroad Company, conveying a strip of land, not to exceed 100 feet in…
1Opinion of the CourtHaralson, J.
1. It has been definitely settled in this State, that under our constitution and laws, a right of way over the homestead granted and conveyed by the husband in an instrument in writing, duly executed by him, but in which the wife diet not join, is void and has no operation as an estoppel or otherwise against the husband.- — McGhee v. Wilson, 111 Ala. 615, and authorities there cited; Alford v. Lehman, 76 Ala. 526; Marks v. Wilson, 115 Ala. 561.
The deed of W. R. Cowan, executed by him alone, on the 12th August, 1886, in his lifetime, to the Rome & Decatur Railroad Company, of a right of way…
2Cases cited20 opinions
- Jones v. New Orleans & Selma RailroadSupreme Court of Alabama · 1881
- Grider v. American Freehold Land Mortgage Co.Supreme Court of Alabama · 1892
- Pollard v. MaddoxSupreme Court of Alabama · 1856
- New Orleans & Selma Railroad v. JonesSupreme Court of Alabama · 1880
- Ala. Gt. Southern R. R. v. South & North Ala. R. R.Supreme Court of Alabama · 1887
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3Cited by15 opinions
- Hargett v. Franklin CountySupreme Court of Alabama · 1925
- Mobile & Western Railway Co. v. Fowl River Lumber Co.Supreme Court of Alabama · 1907
- Clark v. BirdSupreme Court of Alabama · 1908
- Southern Railway Co. v. CowanSupreme Court of Alabama · 1900
- Southern Railway Co. v. HoodSupreme Court of Alabama · 1899
10 more not listed; retrieve them via the Exa API.