Legal Opinion

O'Neal v. Tennessee Coal, Iron & Railroad

Supreme Court of Alabama

Decided November 15, 1903PublishedCited by 10 opinions

Appeal from the Circuit Court of Jefferson. Tried before the Hon. A. A. Coleman. This was a statutory action of ejectment, brought by the appellants, Emmet O’Neal and O. F. Carson, against the Tennessee Coal, Iron & Railroad Company, to recover certain lands specifically prescribed in the complaint, and was instituted on August 3, 1839. The Tennessee Coal, Iron & Railroad Company was the tenant of Mrs. Bessie Gray, Henry B. Gray and W. M. Martin, and the landlords were made…

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Appeal from the Circuit Court of Jefferson. Tried before the Hon. A. A. Coleman. This was a statutory action of ejectment, brought by the appellants, Emmet O’Neal and O. F. Carson, against the Tennessee Coal, Iron & Railroad Company, to recover certain lands specifically prescribed in the complaint, and was instituted on August 3, 1839. The Tennessee Coal, Iron & Railroad Company was the tenant of Mrs. Bessie Gray, Henry B. Gray and W. M. Martin, and the landlords were made parties defendant on their motion. The defendants filed the plea of the general issue and suggested adverse possession…

1Opinion of the CourtDowdell, J.

The vital question in this case, and the determination of which, we think, will settle the controversy between the parties, is, whether or not the trial court erred in admitting in evidence against the objections of the plaintiffs below, who are the appellants here, the certified copy of the instrument claimed by the *384appellee to be a deed of conveyance of the land in question from Philyaw to Roebuck. Upon the trial, the plaintiffs having made out a prima facie case, the defendant sought to defeat their right to recover by showing a conveyance of the title out of Philyaw, under and through…

2Cases cited16 opinions

  1. Sharpe v. OrmeSupreme Court of Alabama · 1878
  2. Goodlett v. HansellSupreme Court of Alabama · 1880
  3. Harrison v. SimonsSupreme Court of Alabama · 1876
  4. O'Neal v. RobinsonSupreme Court of Alabama · 1871
  5. Reaume v. ChambersSupreme Court of Missouri · 1855

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

3Cited by10 opinions

  1. Lowery v. MaySupreme Court of Alabama · 1925
  2. Aiken v. McMillanSupreme Court of Alabama · 1925
  3. Jordan v. McClure Lumber Co.Supreme Court of Alabama · 1910
  4. Prince v. PrinceSupreme Court of Alabama · 1914
  5. Metropolitan Life Ins. Co. v. EstesSupreme Court of Alabama · 1934

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

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