Griffin v. Chattanooga Southern Railroad
Supreme Court of Alabama
Appeal from the Circuit Court of Cherokee. Tried before the Hon. J. A. Bilbro. This was a statutory action of detinue, brought by :the appellant against the appellee, to recover a strip of land used and occupied by the defendant as a right of way for its railroad.
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Appeal from the Circuit Court of Cherokee. Tried before the Hon. J. A. Bilbro. This was a statutory action of detinue, brought by :the appellant against the appellee, to recover a strip of land used and occupied by the defendant as a right of way for its railroad. The facts of the case are sufficiently stated in the opinion. ' Upon the ifiiroduction' of all the evidence, tlie court, •at the request of. ifchfe -defendant, gave the general affirmative-charge in its’íbéhalL There were verdict and judgment in favor-of'the defendant. The plaintiff appeals, and assigns as error the giving of the…
1Opinion of the Court
TYSON, J;
In 1889, the plaintiff procured a homestead certificate from the United States land office for the land sued for. At that time he was a married man and resided -upon the tract of land of which the strip in controversy was a part. He and his family continued to live upon the land from the date of his entry to the time of the trial of this case, improving and cultivating it, claiming it as his homestead. In 1895, he perfected his title and procured a patent to the tract from the United States. In August, 1890, he and his wife executed to the Chattanooga Southern Railway Co., through…
2Cases cited6 opinions
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- Spencer v. GeissmanCalifornia Supreme Court · 1869
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