Dudley v. Gallups
Supreme Court of Alabama
Appeal from the Circuit Court of Russell. Tried before the Hon. A. A. Evans. This was a statutory action of ejectment, brought by the appellant against the appellee to recover certain lands specifically described in the complaint. The-facts of the case and the claims of the respective parties to the land are sufficiently stated in the opinion.
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Appeal from the Circuit Court of Russell. Tried before the Hon. A. A. Evans. This was a statutory action of ejectment, brought by the appellant against the appellee to recover certain lands specifically described in the complaint. The-facts of the case and the claims of the respective parties to the land are sufficiently stated in the opinion. Upon the -introduction of all the -evidence, the plaintiff requested the court to give to the jury the general affirmative charge in his behalf, and duly excepted to the court’s refusal to give 'the same as asked. There were verdict and judgment in…
1Opinion of the CourtTyson, J.
The plaintiff purchased the land for the recovery of which he brings this suit, in 1877 from the Mobile & Girard Railroad Company. He received no conveyance from [the company, but the evidence shows undisputedly that he paid the purchase money 'and went into possession of it. It was also shown in evidence that this land was within the grant of lands made by Congress in 1856 to the State of Alabama to aid -in the construction of a railroad from Girard, Alabama, to Mobile, Alabama, which road had, at the date of the sale to plaintiff, been completed •through the county of Russell and many miles…
2Cases cited3 opinions
- Swann & Billups v. MillerSupreme Court of Alabama · 1886
- Knabe v. BurdenSupreme Court of Alabama · 1889
- Sullivan v. Van Kirk Land & Construction Co.Supreme Court of Alabama · 1899
3Cited by2 opinions
- Vankirk Land & Construction Co. v. GreenSupreme Court of Alabama · 1902
- Williams Investment Co. v. PughSupreme Court of Alabama · 1902