Louisville & Nashville Railroad v. Boykin
Supreme Court of Alabama
Appeal from the Circuit Court of Montgomery. Tried before the ITon. John P. Hubbard. This action was brought by Mrs. Frances Boykin, the wife of Burwell Boykin, against the appellant, “ a corporation under the laws of Kentucky,” to recover damages for the alleged conversion of “eighteen hundred car-loads of gravel;” and was Commenced on the 9th May, 1884:. The defendant pleaded not guilty, and justification ; and also two special pleas, one of which denied the plaintiff’s…
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Appeal from the Circuit Court of Montgomery. Tried before the ITon. John P. Hubbard. This action was brought by Mrs. Frances Boykin, the wife of Burwell Boykin, against the appellant, “ a corporation under the laws of Kentucky,” to recover damages for the alleged conversion of “eighteen hundred car-loads of gravel;” and was Commenced on the 9th May, 1884:. The defendant pleaded not guilty, and justification ; and also two special pleas, one of which denied the plaintiff’s ownership and possession of the land from which the gravel was taken, and the other averred that the land belonged to the…
1Opinion of the Court
CLOPTON, J.-
— The parties having waived a decision of all the questions involved, other than the right and title to the gravel in controversy, and as the judgment is to be affirmed or reversed as we may find the right to be in the plaintiff or defendant, we shall confine our consideration to this question.
The right of the defendant is founded on a deed made August 30, 1873, by Lary and wife, who formerly owned the land on which the gravel is located, and from whom both parties derive title, to the South and North Alabama Railroad Company. In consideration of one hundred dollars, the erection…
2Cases cited9 opinions
- Meyer Bros. v. MitchellSupreme Court of Alabama · 1883
- Pollard v. MaddoxSupreme Court of Alabama · 1856
- Livingston v. Peru Iron Co.Court for the Trial of Impeachments and Correction of Errors · 1832
- Wilkinson v. RoperSupreme Court of Alabama · 1883
- Riddle v. BrownSupreme Court of Alabama · 1852
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3Cited by20 opinions
- Hicks Bros. v. Swift Creek Mill Co.Supreme Court of Alabama · 1901
- Homan v. StewartSupreme Court of Alabama · 1893
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- Black v. Tenn. Coal, Iron & RailroadSupreme Court of Alabama · 1890
- Brannan v. HenrySupreme Court of Alabama · 1904
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