Boulo v. New Orleans, Mobile & Texas Railroad
Supreme Court of Alabama
Appeal from the Chancery Court at Mobile. Heard before the Hon. Adam: C. FeldeR. The bill in this case was filed on tbe 13tb September, 1870, by Paul A. Roulo and Philip J. Boulo; and sought to enjoin and restrain the defendant, the New Orleans, Mobile, and Chattanooga (now Texas) Railroad Company, from subjecting to its own uses a narrow strip of land in tbe city of Mobile, between Commerce street and tbe river, and forming a part of tbe river front.
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Appeal from the Chancery Court at Mobile. Heard before the Hon. Adam: C. FeldeR. The bill in this case was filed on tbe 13tb September, 1870, by Paul A. Roulo and Philip J. Boulo; and sought to enjoin and restrain the defendant, the New Orleans, Mobile, and Chattanooga (now Texas) Railroad Company, from subjecting to its own uses a narrow strip of land in tbe city of Mobile, between Commerce street and tbe river, and forming a part of tbe river front. Tbe complainants claimed tbis strip of land, according to the allegations of tbeir bill, both by documentary title, and by prescription,…
1Opinion of the Court
BRICKELL, C. J. —
The complainants, averring ownership and possession of a lot on the east side of Commerce street in the city of Mobile, filed this bill, to enjoin the defendant from entering on, and taking possession thereof, for the uses of its road. The defendant avers, that the complainants had neither title to, nor possession of the place in controversy-— that it is part of the shore of Mobile river, and that the right and authority to enter and construct its road thereon is conferred by its act of incorporation.
The jurisdiction of a court of equity to enjoin the commission of trespasses…
2Cases cited4 opinions
- Irwin v. DixionSupreme Court of the United States · 1850
- Echelkamp v. SchraderSupreme Court of Missouri · 1870
- Storm v. MannNew York Court of Chancery · 1819
- Fowler v. BishopSupreme Court of Connecticut · 1863
3Cited by12 opinions
- East & West Railroad Co. of Alabama v. East Tennessee, Virginia & Georgia RailroadSupreme Court of Alabama · 1883
- Ashurst v. McKenzieSupreme Court of Alabama · 1890
- Hammond v. WinchesterSupreme Court of Alabama · 1886
- Bensdorff v. UihleinTennessee Supreme Court · 1915
- Sullivan v. RabbSupreme Court of Alabama · 1888
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