Legal Opinion

Mobile Transportation Co. v. City of Mobile

Supreme Court of Alabama

Decided November 15, 1900PublishedCited by 20 opinions

Appeal from tlie Circuit Court of Mobile. Tried before the Hon. W. S. Anderson. This was'an action of ejectment brought by appellee against appellant to recover a portion of the shore of Mobile river up to the high water mark. The plaintiff claimed title under an act of the legislature of Alabama, approved January 31, 1867, while defendant claimed title under a patent issued by the United States in 1836 and successive conveyances from the patentee to it.

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Appeal from tlie Circuit Court of Mobile. Tried before the Hon. W. S. Anderson. This was'an action of ejectment brought by appellee against appellant to recover a portion of the shore of Mobile river up to the high water mark. The plaintiff claimed title under an act of the legislature of Alabama, approved January 31, 1867, while defendant claimed title under a patent issued by the United States in 1836 and successive conveyances from the patentee to it. After the institution of the suit the charter of the city of Mobile was repealed and a new charter enacted but substantially for the same…

1Opinion of the CourtTyson, J.

The present case is an action of ejectment in Code form, by the City of Mobile, to recover of the appellant certain real estate described in the complaint, constituting the shore of part of Mobile River below high Avater mark.

The plaintiff’s title was derived from the State of Alabama through and by an act of the legislature, approved January 31st, 1867, entitled “An act granting to the city of Mobile the riparian rights of the river front,” supplemented by the acts of 18th February, 1895, and of December 5th, 1896, the latter being amendatory of the former and confirming and .vesting; all…

2Cases cited34 opinions

  1. Shively v. BowlbySupreme Court of the United States · 1894
  2. Pollard's Lessee v. HAGANSupreme Court of the United States · 1845
  3. Hardin v. JordanSupreme Court of the United States · 1891
  4. Barney v. KeokukSupreme Court of the United States · 1877
  5. Escanaba Co. v. ChicagoSupreme Court of the United States · 1883

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3Cited by20 opinions

  1. Pacific Elevator Co. v. PortlandOregon Supreme Court · 1913
  2. Mobile Dry Docks Co. v. City of MobileSupreme Court of Alabama · 1906
  3. Harris v. State Ex Rel. WilliamsSupreme Court of Alabama · 1933
  4. Ridge v. State Ex Rel. TateSupreme Court of Alabama · 1921
  5. Griffin v. DrennenSupreme Court of Alabama · 1906

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