Southern Ry. Co. v. Hartshorne
Supreme Court of Alabama
Appear from Morgan Chancery Court. Heard before Hon. W. H. Simpson. Bill by Acton C. Hartshorne against the city of Decatur and the Southern Bailway, to subject certain property to his claim against the city alleged to have been purchased with funds of the city, and conveyed to the Southern Bailway Company for terminal facilities. Decree for complainant and respondent appeals.
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Appear from Morgan Chancery Court. Heard before Hon. W. H. Simpson. Bill by Acton C. Hartshorne against the city of Decatur and the Southern Bailway, to subject certain property to his claim against the city alleged to have been purchased with funds of the city, and conveyed to the Southern Bailway Company for terminal facilities. Decree for complainant and respondent appeals. The adoption of section 94 did not render the power theretofore exercised by the legislature nugatory. — 1 Dillon on Mun. Corp. 141; 31 Pa. St. 515; 7 Col. 475. The charter gave the city the right to make the donation.'…
1Opinion of the CourtMcCLELLAN, J.
Reference to the report of the previous appeal of this cause (150 Ala. 217, 43 South. 583, 124 Am. St. Rep. 68) will afford a satisfactory summary of the facts involved, the theories of the bill for relief, and the ruling of this court in affirmance of the decree below overruling demurrer to the bill and motion to dismiss the hill for want of equity. In due order cause proceeded to decree on the merits; the chancellor granting in full the relief sought in the premises. As a matter of fact it was correctly found by the chancellor that the real estate in question was conveyed by the Couch heirs…
2Cases cited2 opinions
- Garland v. Board of RevenueSupreme Court of Alabama · 1888
- Southern Railway Co. v. HartshornSupreme Court of Alabama · 1907
3Cited by12 opinions
- County of Los Angeles v. Southern California Telephone Co.California Supreme Court · 1948
- Alabama State Bridge Corporation v. SmithSupreme Court of Alabama · 1928
- State Ex Rel. Wilkinson v. MurphySupreme Court of Alabama · 1939
- Beeland Wholesale Co. v. KaufmanSupreme Court of Alabama · 1937
- Village of Moyie Springs v. Aurora Manufacturing Co.Idaho Supreme Court · 1960
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