Nashville, Chattanooga & St. Louis Railway Co. v. Hammond
Supreme Court of Alabama
Appeal from the Circuit Court of Etowah. Tried before the Hon. John B. Tally. This was a statutory action of ejectment, brought by the appellees against the Nashville, Chattanooga & St. Louis Railway Company and Tennessee & Coosa Railroad Company, to recover a certain described tract of land, and was commenced on February 10, 1892. The property involved in this suit was a strip 'of land about one-half mile long and fifty feet wide, being the fifty feet next adjoining one…
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Appeal from the Circuit Court of Etowah. Tried before the Hon. John B. Tally. This was a statutory action of ejectment, brought by the appellees against the Nashville, Chattanooga & St. Louis Railway Company and Tennessee & Coosa Railroad Company, to recover a certain described tract of land, and was commenced on February 10, 1892. The property involved in this suit was a strip 'of land about one-half mile long and fifty feet wide, being the fifty feet next adjoining one side of the road-bed of the Tennessee & Coosa Railroad Company, which was claimed by the defendants to be the right-of-way…
1Opinion of the CourtColeman, J.
This is a statutory action- of ejectment, instituted by appellees to recover a certain parcel or strip of land described in the complaint. The record proper does not contain any plea of the defendants. The judgment entry is, “come the parties by attorneys and issue being joined, thereupon came a jury,” &c. The presumption is that issue was joined upon the general issue. There is a recitation in the bill of exceptions “that issue was joined upon the pleas of the statute of limitations of twenty “years and of ten years, and not guilty.” Pleadings and the action of the court upon them do not…
2Cases cited12 opinions
- Humes v. O'Bryan & WashingtonSupreme Court of Alabama · 1883
- Sharpe v. OrmeSupreme Court of Alabama · 1878
- Richmond & Danville Railroad v. FarmerSupreme Court of Alabama · 1892
- Rogers v. AdamsSupreme Court of Alabama · 1880
- Torrey v. ForbesSupreme Court of Alabama · 1891
7 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Rhodes v. SchofieldSupreme Court of Alabama · 1955
- Louisville & Nashville R. R. v. SmithSupreme Court of Alabama · 1904
- Pearson v. AdamsSupreme Court of Alabama · 1900
- Evans v. WalkerSupreme Court of Alabama · 1939
- Hayes v. BanksSupreme Court of Alabama · 1902
6 more not listed; retrieve them via the Exa API.