Legal Opinion

Hooper v. Savannah & Memphis Railroad

Supreme Court of Alabama

Decided December 15, 1881PublishedCited by 43 opinions

Appeal from Lee Chancery Court. Heard before Hon. N. S. G-raiiam. The bill in this cause was filed on the 7th of April, 1880, by George W. and George D. Hooper, against the Savannah and Memphis Railroad Company, a corporation owning and operating a railroad in this State, and others claiming under a mortgage executed by the company “ a few days before the date ” of .the agreement, upon which this suit is founded.

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Appeal from Lee Chancery Court. Heard before Hon. N. S. G-raiiam. The bill in this cause was filed on the 7th of April, 1880, by George W. and George D. Hooper, against the Savannah and Memphis Railroad Company, a corporation owning and operating a railroad in this State, and others claiming under a mortgage executed by the company “ a few days before the date ” of .the agreement, upon which this suit is founded. The case made by the record is substantially stated in the opinion. It will not, however, be amiss to set out, in the language of the agreement, the work which the railroad company…

1Opinion of the CourtBbickell, C. J.

The original bill filed by the aj>pellants states, in substance, that they are, and were the owners of three parcels of lands situate in the city of Opelika, known and designated as lots 2, 3 and 4 in block A. These lots formed one *532“eom/pact settlement ,” on which was the residence of the appellant, George D. They are bounded by thi;ee of the streets of the city,, known as Washington street, North Nailroad street and Coosa street, and separated from Wilcox street by lot 1 of said block. On and before the 6th day of September, 1870, the Savannah & Memphis Nailroad Company had constructed its…

2Cases cited5 opinions

  1. Tayloe v. T. & S. SandifordSupreme Court of the United States · 1822
  2. Watt's Ex'rs. v. SheppardSupreme Court of Alabama · 1841
  3. Morgan v. MasonOhio Supreme Court · 1851
  4. Carpenter v. McClureSupreme Court of Vermont · 1866
  5. Basye v. AmbroseSupreme Court of Missouri · 1859

3Cited by43 opinions

  1. Seals v. Robinson & Co.Supreme Court of Alabama · 1883
  2. Finnell v. PittsSupreme Court of Alabama · 1930
  3. Keeble v. KeebleSupreme Court of Alabama · 1888
  4. St. Clair County v. BukacekSupreme Court of Alabama · 1961
  5. Blount County v. McPhersonSupreme Court of Alabama · 1958

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