Swann & Billups v. Miller
Supreme Court of Alabama
Appeal from the Chancery Court of Jefferson. Heard before the Hon. Thomas Cobbs. The bill in this case was filed on the 15th July, 1884, by D. B. Miller, against John Swann and John A. Billups, trustees in a conveyance executed to them in the name of the State of Alabama, and against several other persons as tenants in possession under them ; and sought to divest the legal title to a tract of land out of said trustees, and to enjoin on action at law which they had instituted…
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Appeal from the Chancery Court of Jefferson. Heard before the Hon. Thomas Cobbs. The bill in this case was filed on the 15th July, 1884, by D. B. Miller, against John Swann and John A. Billups, trustees in a conveyance executed to them in the name of the State of Alabama, and against several other persons as tenants in possession under them ; and sought to divest the legal title to a tract of land out of said trustees, and to enjoin on action at law which they had instituted against Ellis Phelan, to whom the complainant had sold'and conveyed, reserving all minerals and mineral rights to…
1Opinion of the CourtSomeeyille, J.
— The lands in controversy are a portion of those granted to the State of Alabama by the act of Congress approved June 3, 1856 (11 U. S. Statutes at Large, pp. 17 and 18), to aid in the construction of certain railroads in the State. This grant was renewed by another act of Congress, approved April 10, 1869, found in 16 U. S. Statutes at Large, pp. 45 and 46.
We have often decided, that the legal title of so much of these lands as had not been previously sold in accordance with the foregoing acts of Congress, and in the manner prescribed by them, became vested in the appellants, Swann &…
2Cases cited5 opinions
- Schulenberg v. HarrimanSupreme Court of the United States · 1875
- Standifer v. SwannSupreme Court of Alabama · 1884
- Swann & Billups v. LindseySupreme Court of Alabama · 1881
- Ware v. SwannSupreme Court of Alabama · 1885
- Swann & Billups v. LarmoreSupreme Court of Alabama · 1881
3Cited by13 opinions
- Ala. Gt. Southern R. R. v. South & North Ala. R. R.Supreme Court of Alabama · 1887
- Mobile & Montgomery Railway Co. v. GilmerSupreme Court of Alabama · 1888
- Gafford v. SpeakerSupreme Court of Alabama · 1899
- Warrior River Coal & Land Co. v. Alabama State Land Co.Supreme Court of Alabama · 1907
- McCarver v. HerzbergSupreme Court of Alabama · 1898
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