Alexander City U. W. & S. Co. v. Central of Ga. Railway Co.
Supreme Court of Alabama
Appeal from Tallapoosa Circuit Court. Heard before Hon. S. L. Brewer. Common law ejectment by the Central of Georgia Railway Company against the Alexander City Union Warehouse & Storage Company. Judgment for plaintiff and defendant appeals.
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Appeal from Tallapoosa Circuit Court. Heard before Hon. S. L. Brewer. Common law ejectment by the Central of Georgia Railway Company against the Alexander City Union Warehouse & Storage Company. Judgment for plaintiff and defendant appeals. To entitle plaintiff to recover in an action of ejectment he must show title in himself at the commencement of the suit and at the time of trial, and he must recover on the strength of his own title and not on the weakness of the title of the defendant. — Rottenberry v. Brown, 142 Ala. 630; Carpenter v. Joiner, 151 Ala. 454; McCreary v. Jackson Lumber Co.,…
1Opinion of the CourtMayfield, J.
Appellee brought a common-law action of ejectment against appellant for a certain strip of land 29 feet wide and 173 feet long. The plaintiff claimed the property as a part of its right of way; the property is being used by the defendant as a Avarehouse site.
The proof shows the title to have been in one J. J. Cleveland. It appears indubitably that he Avas the common source of title. Plaintiff claims through a deed from Cleveland to the Savannah & Memphis Railroad Company and then traces title to itself by foreclosure proceedings, and appropriate conveyance, so that, but for the claim and…
2Cases cited18 opinions
- Northern Pacific Railway Co. v. TownsendSupreme Court of the United States · 1903
- Webb v. City of DemopolisSupreme Court of Alabama · 1891
- Northern Pacific Railway Co. v. ElySupreme Court of the United States · 1905
- McCreary v. Jackson Lumber Co.Supreme Court of Alabama · 1906
- Gulf Red Cedar Lumber Co. v. O'NealSupreme Court of Alabama · 1901
13 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- Shepherd v. Scott's ChapelSupreme Court of Alabama · 1927
- Central of Georgia Ry. Co. v. FaulknerSupreme Court of Alabama · 1927
- Seaboard Air Line Ry. v. BanksSupreme Court of Alabama · 1921
- Christopher v. ShockleySupreme Court of Alabama · 1917
- Parrish v. DavisSupreme Court of Alabama · 1957
17 more not listed; retrieve them via the Exa API.