Seaboard A. L. Ry. Co. v. Anniston Manufacturing Co.
Supreme Court of Alabama
Appeal from Anniston City Court-. Heard before Hon. Thomas W. Coleman, Je. Bill by tbe Anniston Manufacturing Company against tbe Atlanta & Birmingham Air Line Railway Company and tbe Seaboard Air Line Railway Company to cancel and surrender a deed granting a right of way, and for general relief. From a decree for complainant, respondents appeal.
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Appeal from Anniston City Court-. Heard before Hon. Thomas W. Coleman, Je. Bill by tbe Anniston Manufacturing Company against tbe Atlanta & Birmingham Air Line Railway Company and tbe Seaboard Air Line Railway Company to cancel and surrender a deed granting a right of way, and for general relief. From a decree for complainant, respondents appeal. The following is the opinion of the chancellor referred to: “The only question called to the attention of the' court on the oral argument, and in the briefs, is as to the proper construction of certain recitals or provisions in a deed of a right of…
1Opinion of the Court
GARDNER, J. —
The learned chancellor (judge of the city court of Anniston) has written a very carefully prepared opinion in this case, which is found on page 26 et seq. of the transcript. We agree with the conclusion of law as therein expressed as applicable to this case, and the reporter will set out the opinion of the chancellor, above referred to, in his report of this case.
We think it well, however, to direct attention to a few additional authorities in support of the conclusion reached, as well as to make reference to some of those cited by counsel for appellant, noting some points of…
2Cases cited19 opinions
- Texas & Pacific Railway Co. v. MarshallSupreme Court of the United States · 1890
- C. W. Zimmerman Mnfg. Co. v. DaffinSupreme Court of Alabama · 1906
- Iron Age Publishing Co. v. Western Union Telegraph Co.Supreme Court of Alabama · 1887
- McMahon v. WilliamsSupreme Court of Alabama · 1885
- Saint Peter's Church v. BragawSupreme Court of North Carolina · 1907
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3Cited by20 opinions
- Lowery v. MaySupreme Court of Alabama · 1925
- First Nat. Bank v. McIntoshSupreme Court of Alabama · 1918
- Patterson v. Atlantic Coast Line R. Co.Supreme Court of Alabama · 1919
- Stewart v. WeaverSupreme Court of Alabama · 1956
- Glenn v. City of BirminghamSupreme Court of Alabama · 1931
15 more not listed; retrieve them via the Exa API.