Legal Opinion

Swann & Billups v. Lindsey

Supreme Court of Alabama

Decided December 15, 1881PublishedCited by 15 opinions

Appeal from the Circuit Court of Jefferson. Tried before the Hon. ¥m. S Mudd. This action of ejectment was brought to recover a tract of land, described as “the south-east quarter of the south-west quarter, and the south-west quarter of the south-east quarter, of section one (1), township seventeen (17), range one (1) west and was commenced on the 11th March, 18Y8. The declaration contained a count on a demise from the State of Alabama, “ on, to-wit, the 3d June, 1856;” and…

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Appeal from the Circuit Court of Jefferson. Tried before the Hon. ¥m. S Mudd. This action of ejectment was brought to recover a tract of land, described as “the south-east quarter of the south-west quarter, and the south-west quarter of the south-east quarter, of section one (1), township seventeen (17), range one (1) west and was commenced on the 11th March, 18Y8. The declaration contained a count on a demise from the State of Alabama, “ on, to-wit, the 3d June, 1856;” and a count on a demise from John Swann and John A. Billups, “on, to-wit, the 8th February, 1877.” James Lindsey was…

1Opinion of the CourtStone, J.

The act of Congress, approved June 3d, 1856 11 Stat.' at large, 17-8), granted to the State of Alabamaevery alternate section of land designated by odd numbers, for six miles on each side of the railroad track, when the line of the road is definitely fixed,'to aid in the construction of the NorthEast and South-Western railroad, “from near Gadsden to some point on the Alabama and Mississippi State line, in the direction of the Mobile and Ohio railroad,” with a view to connect with said Mobile and Ohio railroad. This road not being completed within ten years, the grant was renewed by act…

2Cases cited5 opinions

  1. Schulenberg v. HarrimanSupreme Court of the United States · 1875
  2. Rutherford v. Greene's HeirsSupreme Court of the United States · 1817
  3. Farnsworth, Trustees v. Minnesota and Pacific Railroad CompanySupreme Court of the United States · 1876
  4. Miller v. StateSupreme Court of Alabama · 1863
  5. Alabama & Florida Railroad v. BurkettSupreme Court of Alabama · 1871

3Cited by15 opinions

  1. Washington v. NorwoodSupreme Court of Alabama · 1900
  2. Standifer v. SwannSupreme Court of Alabama · 1884
  3. Swann & Billups v. GastonSupreme Court of Alabama · 1888
  4. Ware v. SwannSupreme Court of Alabama · 1885
  5. Swann & Billups v. MillerSupreme Court of Alabama · 1886

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