Ensign Yellow Pine Co. v. Hohenberg
Supreme Court of Alabama
1 Appeal from Circuit Court, Elmore County; W. W. Pearson, Judge. Application to condemn a right of way by the Ensign Yellow Pine Company against Morris Hohenberg. Erom a judgment for defendant, the applicant appeals.
1Opinion of the CourtSayre, J.
In its application to the probate court appellant sought to condemn sim-ply a right of way for its railroad over the lands of appellee. When the case reached the circuit court appellant offered to amend its application, so as to show an easement for a limited term of 15 years as the interest to be condemned.’ The court, on appellee’s objection, denied the amendment.
[1-5] The application was subject to proper amendment in the circuit court (Newton v. Ala. Mid. Rwy., 9,9 Ala. 468, 13 South. 259); but there is no authority for a proceeding to condemn an easement for a term of years. The statute…
2Cases cited7 opinions
- Alabama Power Co. v. Keystone Lime Co.Supreme Court of Alabama · 1914
- Long Distance Telephone & Telegraph Co. v. SchmidtSupreme Court of Alabama · 1908
- Alabama Central Railroad v. MusgroveSupreme Court of Alabama · 1910
- New & Old Decatur Belt & Terminal Railroad v. KarcherSupreme Court of Alabama · 1896
- Lyon v. BollingSupreme Court of Alabama · 1846
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3Cited by15 opinions
- North Carolina State Highway & Public Works Commission v. BlackSupreme Court of North Carolina · 1954
- Blount County v. McPhersonSupreme Court of Alabama · 1958
- Pickens County v. JordanSupreme Court of Alabama · 1940
- Alabama Power Co. v. HensonSupreme Court of Alabama · 1939
- State v. MooreSupreme Court of Alabama · 1959
10 more not listed; retrieve them via the Exa API.