Thornton v. Sheffield & Birmingham R. R.
Supreme Court of Alabama
Appeal from Colbert Chancery Court. Heard before Hon. Thomas Cobbs. The facts appear in the opinion. The appellant, a married woman, by her next friend, filed a bill in chancery praying for compensation for the right of way and an injunction until compensation was paid. The 8th ground of demurrer set up that complainant was estopped from making claim for compensation. on the question of estoppel — cited 1 Herman on Estoppel & Ees.
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Appeal from Colbert Chancery Court. Heard before Hon. Thomas Cobbs. The facts appear in the opinion. The appellant, a married woman, by her next friend, filed a bill in chancery praying for compensation for the right of way and an injunction until compensation was paid. The 8th ground of demurrer set up that complainant was estopped from making claim for compensation. on the question of estoppel — cited 1 Herman on Estoppel & Ees. Jud., § 3; 10 Barr (Penna), 530; 3 "Washburne on Eeal Prop., pp. 74,.80, 460, 461; 19 Ala. 430; 54 Wis. 136; 72 Maine, 95; 25 Iowa, 371; 73 Ala. 426-440; 1 Wood’s…
1Opinion of the CourtStone, C. J.
The appellee, railroad company, surveyed its route, and had partially constructed its road, beginning at Sheffield, in Colbert county, and extending southeastward towards Birmingham. When this bill was filed, the road was completed, equipped and in running order for a distance of forty or more 'miles, in Colbert and Eranklin counties, running through the lands of the female complainant, after noticed. On the 8th day of October, 1881, Mrs. Thornton, then Mrs. Henry, together with her husband, entered -into an agreement, partly printed and partly written, a proper interpretation of which is…
2Cases cited8 opinions
- Jones v. New Orleans & Selma RailroadSupreme Court of Alabama · 1881
- New Orleans & Selma Railroad v. JonesSupreme Court of Alabama · 1880
- Chapman v. GlassellSupreme Court of Alabama · 1848
- Tennessee & Coosa Railroad v. East Alabama Railway Co.Supreme Court of Alabama · 1882
- Gilman v. Sheboygan & Fond du Lac RailroadWisconsin Supreme Court · 1876
3 more not listed; retrieve them via the Exa API.
3Cited by26 opinions
- Indus. MacHinery, Inc. v. Creative DisplaysSupreme Court of Alabama · 1977
- Denson v. CaddellSupreme Court of Alabama · 1917
- Hendrix v. Southern Railway Co.Supreme Court of Alabama · 1900
- Abercrombie & Williams v. VandiverSupreme Court of Alabama · 1899
- Hargett v. Franklin CountySupreme Court of Alabama · 1925
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