Legal Opinion

Birmingham Fuel Co. v. Boshell

Supreme Court of Alabama

Decided December 17, 1914PublishedCited by 15 opinions

Appeal from Walker Circuit Court. Heard before Hon. J. J. Curtis. Ejectment by W. R. Boshell against the Birmingham Fuel Company. Judgment for plaintiff, and defendant appeals.

1Opinion of the Court

de GRAFFENRIED, J.

This suit involves the title to the mineral rights in the S. E. % °f S. W. %, section 18, township 14, range 9, Walker county, Ala.

This opinion is written as expressive of the views of the members of this court who appear as concurring therein; and, as the .case must again be tried, we deem it well to announce the following propositions of law, which appear to have applicability to the facts of the case as they are disclosed by the bill of exceptions in this record:

(1, 2) First. “As against a trespasser, a plaintiff in ejectment, or the statutory action in the nature of…

2Cases cited20 opinions

  1. Woodstock Iron Co. v. FullenwiderSupreme Court of Alabama · 1888
  2. Hooper v. Bankhead & BankheadSupreme Court of Alabama · 1911
  3. Plant v. HumphriesWest Virginia Supreme Court · 1909
  4. President, Managers & Co. of the Delaware & Hudson Canal Co. v. HughesSupreme Court of Pennsylvania · 1897
  5. Houston v. FarrisSupreme Court of Alabama · 1882

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3Cited by15 opinions

  1. McMillan v. AikenSupreme Court of Alabama · 1920
  2. Sanford v. Alabama Power Co.Supreme Court of Alabama · 1951
  3. Shepard v. Mount Vernon Lumber Co.Supreme Court of Alabama · 1915
  4. Davison v. ReynoldsSupreme Court of Georgia · 1920
  5. Stewart Bros. v. RansomSupreme Court of Alabama · 1920

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

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