Legal Opinion

Black v. Tenn. Coal, Iron & Railroad

Supreme Court of Alabama

Decided November 15, 1890PublishedCited by 28 opinions

Statutory Action in nature of Ejectment. Appeal from the City Court of Birmingham. Tried before the Hon. A. A. Coleman, as special judge.

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Statutory Action in nature of Ejectment. Appeal from the City Court of Birmingham. Tried before the Hon. A. A. Coleman, as special judge. This action was brought by James Black and others, surviving children of James Black, deceased, to recover the possession of a tract of land containing about forty acres, which was described in the complaint as “all that portion of the north-west quarter of section 19, township 17, range 3 west, which lies south of Black Creek in Jefferson county and was commenced on the 20th August, 1888. The defendant pleaded the general issue, and the statute of…

1Opinion of the CourtColeman, J.

— This was a statutory action of ejectment to recover land. Plaintiffs claim title through their ancestor, James Black, who died in possession of the land in the year 1840, leaving ten children, but no widow surviving him. James Black went into possession under a sheriff’s deed, in which the lands are described as. “the south end of the west half of the north-west quarter of section nineteen, township seventeen, range three west, in the Tuskaloosa Land District, Black Creek being the dividing line, as the property of Josiah Goolsby.” There is no evidence of actual possession by the children…

2Cases cited10 opinions

  1. Alexander v. WheelerSupreme Court of Alabama · 1881
  2. Dothard v. DensonSupreme Court of Alabama · 1882
  3. Collins v. JohnsonSupreme Court of Alabama · 1876
  4. Woods v. Montevallo Coal & Transportation Co.Supreme Court of Alabama · 1887
  5. Childress v. CallowaySupreme Court of Alabama · 1884

5 more not listed; retrieve them via the Exa API.

3Cited by28 opinions

  1. Homan v. StewartSupreme Court of Alabama · 1893
  2. Sanford v. Alabama Power Co.Supreme Court of Alabama · 1951
  3. Aiken v. McMillanSupreme Court of Alabama · 1925
  4. Turnipseed v. MoseleySupreme Court of Alabama · 1946
  5. Brannan v. HenrySupreme Court of Alabama · 1904

23 more not listed; retrieve them via the Exa API.

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