Alabama Great Southern R. Co. v. McWhorter
Supreme Court of Alabama
Appeal from Circuit Court, De Kalb County; W. W. Harralson, Judge. Ejectment by H. P. McWhorter against the Alabama Great Southern Railroad Company. Judgment for the plaintiff, and defendant appeals. The action is for a small strip of land on either side of the defendant’s right of way, and it is agreed between the parties that Vann Hall is the common source of title.
Read the full summary
Appeal from Circuit Court, De Kalb County; W. W. Harralson, Judge. Ejectment by H. P. McWhorter against the Alabama Great Southern Railroad Company. Judgment for the plaintiff, and defendant appeals. The action is for a small strip of land on either side of the defendant’s right of way, and it is agreed between the parties that Vann Hall is the common source of title. It is also agreed that the Wills Valley Railroad Company was the predecessor of the present defendant, and that the present defendant acquired all the property rights, etc., of the Wills Valley Railroad Company. The' grant…
1Opinion of the CourtMayfield, J.
This is an action of ejectment as to a strip of land on each side of the railroad track of appellant in De Kalb county. Appellant contends that it is a part of its right of way which it acquired by grant; while appellee contends that he and those through whom he claims have acquired title thereto by adverse possession against appellant.
It is not disputed tbat appellant did acquire title by virtue of grants; but it is insisted tbat it has lost its title by adverse possession of appellee and those through whom he claims title.
There is no claim of appellant to this railroad track, or the main…
2Cases cited6 opinions
- Duncan v. De YampertSupreme Court of Alabama · 1913
- Wilks v. Georgia Pacific RailroadSupreme Court of Alabama · 1885
- Odum v. Rutledge & Julian RailroadSupreme Court of Alabama · 1891
- Alexander City U. W. & S. Co. v. Central of Ga. Railway Co.Supreme Court of Alabama · 1913
- Lucy v. Tenn. & Coosa RailroadSupreme Court of Alabama · 1890
1 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Magnolia Petroleum Co. v. ThompsonCourt of Appeals for the Eighth Circuit · 1939
- Central of Georgia Ry. Co. v. FaulknerSupreme Court of Alabama · 1927
- Rowell v. Gulf, M. O. R. Co.Supreme Court of Alabama · 1946
- Seaboard Air Line Ry. v. BanksSupreme Court of Alabama · 1921
- City Motel, Inc. v. State Ex Rel. State Department of HighwaysNevada Supreme Court · 1959
10 more not listed; retrieve them via the Exa API.