McGhee v. Wilson
Supreme Court of Alabama
Appeal from the City Court of Gadsden. Tried before the Hon. John H. Disque. This was a statutory action of ejectment, brought by the appellee, A. J. Wilson, against C. M. McGhee, Henry Fink and Samuel Spencer, as receivers of the East Tennessee, Virginia & Georgia Railroad Company, to recover a strip of land used by the railroad company as a right of way, which passes through certain lands spe-" cifically described in the complaint.
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Appeal from the City Court of Gadsden. Tried before the Hon. John H. Disque. This was a statutory action of ejectment, brought by the appellee, A. J. Wilson, against C. M. McGhee, Henry Fink and Samuel Spencer, as receivers of the East Tennessee, Virginia & Georgia Railroad Company, to recover a strip of land used by the railroad company as a right of way, which passes through certain lands spe-" cifically described in the complaint. The defendant claimed title to the land sued for under a conveyance which, was executed by A. J. Wilson on April 18, 1889, to the Rome & Decatur Railroad…
1Opinion of the CourtColeman, J.
The appellant, Wilson, instituted the statutory action of ejectment to recover a small strip ■of land. The material question argued by the appellant is, whether a right of way granted and conveyed by the husband, by a proper instrument duly executed by him, but in which the wife did not join, over the homestead, is valid and operative as against him. This question has been answered in the affirmative by the courts in Iowa and Texas. — Chicago & Southwestern R. R. Co. v. *618Swinney, 38 Iowa, 182; Ottumwa &c. R. R. Co. v. McWilliams, 32 N. W. Rep. 315 ; C., T. & M. C. Railway Co. v. Titterington,…
2Cases cited16 opinions
- Chicago, Texas & Mexican Central Railway Co. v. TitteringtonTexas Supreme Court · 1892
- Jenkins v. HarrisonSupreme Court of Alabama · 1880
- Scott v. SimonsSupreme Court of Alabama · 1881
- Alford v. Lehman, Durr & Co.Supreme Court of Alabama · 1884
- Ottumwa, Cedar Falls & St. Paul R'y Co. v. McWilliamsSupreme Court of Iowa · 1887
11 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Davis v. Miller-Brent Lumber Co.Supreme Court of Alabama · 1907
- Cowan v. Southern Railway Co.Supreme Court of Alabama · 1897
- Clark v. BirdSupreme Court of Alabama · 1908
- Phillips v. SmithSupreme Court of Alabama · 1926
- Simpson & Harper v. Harris & ScrandrettSupreme Court of Alabama · 1911
6 more not listed; retrieve them via the Exa API.