East Tenn., Va. & Ga. Railway Co. v. Davis
Supreme Court of Alabama
Appeal from the Circuit Court of Cherokee. Tried before the Hon. John B. Tally. This action was brought by E. R- Davis, against the appellant railroad company, to recover the possession of a small strip of land, containing about three acres; and was commenced on the 29th September, 1887. The land was part of a quartion-section which the plaintiff claimed under a conveyance from John T. Slocks, dated January 3d, ‡887; and his evidence showed that Stocks held under a…
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Appeal from the Circuit Court of Cherokee. Tried before the Hon. John B. Tally. This action was brought by E. R- Davis, against the appellant railroad company, to recover the possession of a small strip of land, containing about three acres; and was commenced on the 29th September, 1887. The land was part of a quartion-section which the plaintiff claimed under a conveyance from John T. Slocks, dated January 3d, ‡887; and his evidence showed that Stocks held under a conveyance from H. A. Smith, dated February 21st, 1887, and also under a purchase in 1872, or 1873, at a sale made by Ira Webb,…
1Opinion of the CourtStone, C. J.
The testimony'in the present record convinces us that the railroad company’s section-houses were first placed on the three acres of land in controversy about the year 1869, — -some eighteen years before this suit was brought. At that time Alexander owned the land. There is no attempt to prove that any written agreement'was entered into between Alexander and the railroad company, and we infer, and must presume, that none was entered into. There is some proof tending to show that there was a verbal agreement, or understanding, under which Alexander surrendered the land, or its use, to the…
2Cases cited10 opinions
- Martin v. StateSupreme Court of Alabama · 1889
- Houston v. FarrisSupreme Court of Alabama · 1882
- Ball v. Farley, Spear & Co.Supreme Court of Alabama · 1886
- Woods v. StateSupreme Court of Alabama · 1884
- Foster v. StateSupreme Court of Alabama · 1889
5 more not listed; retrieve them via the Exa API.
3Cited by26 opinions
- McGuff v. StateSupreme Court of Alabama · 1946
- Formby v. WilliamsSupreme Court of Alabama · 1919
- Patton v. StateSupreme Court of Alabama · 1916
- Irvin v. IrvinSupreme Court of Alabama · 1922
- Parker v. Boutwell & SonSupreme Court of Alabama · 1898
21 more not listed; retrieve them via the Exa API.