Morgan v. Donovan
Supreme Court of Alabama
Appeal from Circuit Court of Mobile. Tried before Hon. H. T. Toulmin. Tbe appellee, Isaac Donovan, on the 9th day of October, 1873, brought a real action in the nature of ejectment against John A. Jacques, to recover certain wharf lots in tbe city of Mobile.
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Appeal from Circuit Court of Mobile. Tried before Hon. H. T. Toulmin. Tbe appellee, Isaac Donovan, on the 9th day of October, 1873, brought a real action in the nature of ejectment against John A. Jacques, to recover certain wharf lots in tbe city of Mobile. Tbe case was continued for several terms, and tried in June, 1876. Jacques bad surrendered possession after suit was brought, and tbe appellants, B. D. Morgan and James A. Raynor, trustees under a deed of trust made by tbe New Orleans, Mobile and Chattanooga Railroad Company, (then tbe New Orleans. Mobile and Texas Railroad Company), on…
1Opinion of the Court
STONE, J.-
The argument is suggested that by the purchase of the property in controversy, The New Orleans, Mobile & Chattanooga Bailroad Company did an act ultra vires, and that, therefore, the railroad corporation did not acquire any title which it could convey or pledge by mortgage deed. The title of plaintiff below — appellee here — rests on these foundations : First, a legal title to the premises in the defendant corporation; second, a judgment and execution lien against such corporation ; and, third, a levy upon, and sale and conveyance of the title of the lands to the plaintiff below. A…
2Cases cited14 opinions
- Galveston Railroad v. CowdreySupreme Court of the United States · 1871
- Dillon v. BarnardSupreme Court of the United States · 1875
- Parish v. . WheelerNew York Court of Appeals · 1860
- Samuel D. Harris and Others v. Jesse D. ElliottSupreme Court of the United States · 1836
- Meyer v. Johnston & StewartSupreme Court of Alabama · 1875
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- Wilks v. Georgia Pacific RailroadSupreme Court of Alabama · 1885
- Alabama Great Southern Railroad v. Loveman Compress Co.Supreme Court of Alabama · 1916
- South & North Alabama Railroad v. Highland Avenue & Belt RailroadSupreme Court of Alabama · 1898
- Nashville, Chattanooga & St. Louis Railway v. KarthausSupreme Court of Alabama · 1907
- Mississippi Valley Co. v. Chicago, St. Louis, & New Orleans RailroadMississippi Supreme Court · 1881
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