Sadler v. Alabama Great Southern R. Co.
Supreme Court of Alabama
Appeal from Circuit Court, Jefferson County ; J. C. B. Gwin, Judge. Action by J. A. Sadler, as guardian of Milton Frank Bell, against the Alabama Great Southern Railway Company, for damages for trespass to land. From a judgment for defendant, plaintiff appeals. The court erred in striking the third count of the complaint. 9 Ala. 26; section 5513, Code 1907. A corporation or individual cannot procure an easement by prescriptive right. 79 Ala. 569, 58 Am.
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Appeal from Circuit Court, Jefferson County ; J. C. B. Gwin, Judge. Action by J. A. Sadler, as guardian of Milton Frank Bell, against the Alabama Great Southern Railway Company, for damages for trespass to land. From a judgment for defendant, plaintiff appeals. The court erred in striking the third count of the complaint. 9 Ala. 26; section 5513, Code 1907. A corporation or individual cannot procure an easement by prescriptive right. 79 Ala. 569, 58 Am. Rep. 623; 102 Ala. 224, 14 £outh. 379; 202 Ala. 542, 81 ] South. 50; 135 Ala. 604, 33 South. 696-'Counsel discusses assignments of error…
1Opinion of the CourtSomerville, J.
This action'is in trespass for defendant’s entry upon land claimed by- the plaintiff and cutting down the trees, excavating the soil, and building an additional or double track of its railroad thereon.
[1] In order to recover, the plaintiff must show that he was in the possession, actual or constructive, of the land at the time of the alleged wrongful entry by the defendant. Buck v. L. & N. R. R. Co., 159 Ala. 305, 48 South 699; Powers v. Hatter, 152 Ala. 636, 44 South. 859.
[2] The title to the land in question cannot be tried or determined in a personal action like this, and questions of…
2Cases cited11 opinions
- Memphis & Charleston Railroad v. WomackSupreme Court of Alabama · 1887
- Tennessee & Coosa Railroad v. East Alabama Railway Co.Supreme Court of Alabama · 1883
- Southern Railway Co. v. HayesSupreme Court of Alabama · 1913
- Alabama Great Southern R. Co. v. McWhorterSupreme Court of Alabama · 1919
- Buck v. Louisville & Nashville R. R.Supreme Court of Alabama · 1909
6 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Yauger v. TaylorSupreme Court of Alabama · 1928
- Sloss-Sheffield Steel & Iron Co. v. WilkesSupreme Court of Alabama · 1936
- Southern Railway Company v. SanfordSupreme Court of Alabama · 1954
- Griffin v. BozemanSupreme Court of Alabama · 1937
- Seaboard Air Line Ry. v. BanksSupreme Court of Alabama · 1921
7 more not listed; retrieve them via the Exa API.