Tennessee & Coosa Railroad v. East Alabama Railway Co.
Supreme Court of Alabama
Alpeal from Etowah Circuit Court. Tried before Hon. H. D. ClaytoN. The facts are stated in the opinion. (1) The road-bed, track, etc., of a railroad company is real estate, and.for its recovery an action of ejectment will He. This point discussed at length, with citation of following authorities : Tyler on Eject. 37, 39; 3 Wait’s Ac. & Def. 4, §§■ 1, 2 et seq.j 1 Chitty’s Plead. (16 Am.
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Alpeal from Etowah Circuit Court. Tried before Hon. H. D. ClaytoN. The facts are stated in the opinion. (1) The road-bed, track, etc., of a railroad company is real estate, and.for its recovery an action of ejectment will He. This point discussed at length, with citation of following authorities : Tyler on Eject. 37, 39; 3 Wait’s Ac. & Def. 4, §§■ 1, 2 et seq.j 1 Chitty’s Plead. (16 Am. Ed.) m. pp. 275-6 ; Rowan v. Kelsey, 18 Barb. 484; Nichols v. Lewis, 15 Conn. 137; 1 Wash. Real Prop. (4th Ed.) pp. 2-3, §§ 2, 2a, 3, and note, m. p. 32, § 36; S. db N. R. R. Go. v. Pilgreen, 62 Ala-305 ;…
1Opinion of the CourtStone, J.
The present is an action of ejectment, brought by the appellant as plaintiff, and seeks to recover what is described in the complaint as “ the following real estate, that is to say, the track or road-bed of the plaintiff as the same was located at and before July 12th, 1871, from Gunter’s landing, in Marshall county, in the State of Alabama, to Gadsden, in Etowah county, in said State, together with all their right of way, grading, trestles, masonry work, cul verting work, and property on said line so located, including the railroad from Gadsden to Attala, in said county of Etowah, which…
2Cases cited31 opinions
- President of Cincinnati v. Lessee of WhiteSupreme Court of the United States · 1832
- Stewart v. PlattSupreme Court of the United States · 1879
- Glenny v. LangdonSupreme Court of the United States · 1878
- Donaldson v. FarwellSupreme Court of the United States · 1876
- Tanner's v. Louisville & Nashville RailroadSupreme Court of Alabama · 1877
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3Cited by31 opinions
- Williams v. GibsonSupreme Court of Alabama · 1887
- Walker v. CliffordSupreme Court of Alabama · 1900
- Lewis v. WatsonSupreme Court of Alabama · 1893
- Seaboard Air Line Ry. v. BanksSupreme Court of Alabama · 1921
- Farley v. Bay Shell Road Co.Supreme Court of Alabama · 1899
26 more not listed; retrieve them via the Exa API.