Nashville, Chattanooga & St. Louis Ry. v. Proctor
Supreme Court of Alabama
Appeal from Jackson Chancery Court. Heard before Hon. W. H. Simpson. Bill by John F. Proctor as administrator against the Nashville, Chattanooga & St. Louis Railway, to quiet title to a certain tract of land. From a decree for complainant respondent appeals.
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Appeal from Jackson Chancery Court. Heard before Hon. W. H. Simpson. Bill by John F. Proctor as administrator against the Nashville, Chattanooga & St. Louis Railway, to quiet title to a certain tract of land. From a decree for complainant respondent appeals. See also former report of this, case found in 152 Ala. 482, 44 South. 669. When the hotel was built, the road had been in existence for eighteen years, and this was enough to raise the presumption that it had acquired the legal title to the right of way on which the hotel was constructed. The contract shows that Anderson’s possession is…
1Opinion of the CourtSimpson, J.
The bill in this case was filed by the appellee, against the appellant, to quiet title under the statute, — Code of 1896, § 809 et seq.
*452The land in controversy is a Y shaped parcel of land, lying between the tracks of the respondent company and those of the Southern Railway, at Stevenson, Alabama, whereon is a brick hotel.
The respondent offers no muniments of title, but bases its claim upon the facts that its railroad was built in 1853, and that, in 1871, complainant’s intestate signed the paper which will be further alluded to hereafter.
Our decisions are clear to the point that, in this…
2Cases cited4 opinions
- Blight's Lessee v. RochesterSupreme Court of the United States · 1822
- Calkins v. CopleySupreme Court of Minnesota · 1882
- Greene v. . CouseNew York Court of Appeals · 1891
- O'Brien v. FindeisenSupreme Court of Minnesota · 1892
3Cited by4 opinions
- Wood v. FosterSupreme Court of Alabama · 1934
- Alabama Butane Gas Co. v. Tarrant Land Co.Supreme Court of Alabama · 1944
- Barksdale v. TemersonSupreme Court of Alabama · 1948
- Lauderdale v. Peace Baptist ChurchSupreme Court of Alabama · 1944