Profile Cotton Mills v. Calhoun Water Co.
Supreme Court of Alabama
Appeal from Circuit Court, Calhoun County; Hugh D. Merrill, Judge. Ejectment by the Calhoun Water Company against the Profile Cotton Mills. Judgment for plaintiff, and defendant appeals. The court erred in finding that appellant was in possession of certain tracts of land described as being beneath or underneath the dams, pipes, pipe line, and water box, and in finding for appellee on appellant’s plea of disclaimance.
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Appeal from Circuit Court, Calhoun County; Hugh D. Merrill, Judge. Ejectment by the Calhoun Water Company against the Profile Cotton Mills. Judgment for plaintiff, and defendant appeals. The court erred in finding that appellant was in possession of certain tracts of land described as being beneath or underneath the dams, pipes, pipe line, and water box, and in finding for appellee on appellant’s plea of disclaimance. Section 3843, Code 1907; 199 Ala. 74, 74 South. 238; 186 Ala. 524, 64 South. 611; 195 Ala. 29, 70 South. 756; 74 Ala. 408; 139 Ala. 293, 35 South. 877 ; 66 Ala. 417; 54 Ala.…
1Opinion of the CourtMcCLELLAN, J.
Statutory ejectment, instituted by the appellee against the appellant, to recover a certain plat of land in Jacksonville, previous litigation with respect to which may be found stated and reported in Profile Cotton Mills v. Calhoun Water Co., 189 Ala. 181, 66 South. 50; same case, 201 Ala. 483, 78 South. 389. As finally amended, the complaint contained two counts, substantially in the Code form. The plea of “not guilty” being withdrawn, the other matter asserted by the defendant (appellant) in response to the complaint before its last amendment does not appear to have been refiled to the…
2Cases cited10 opinions
- Prestwood v. WatsonSupreme Court of Alabama · 1895
- Tennessee & Coosa Railroad v. East Alabama Railway Co.Supreme Court of Alabama · 1883
- Profile Cotton Mills v. Calhoun Water Co.Supreme Court of Alabama · 1914
- Wade v. GilmerSupreme Court of Alabama · 1914
- Callan v. McDanielSupreme Court of Alabama · 1882
5 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Wiggins v. Stewart Bros.Supreme Court of Alabama · 1926
- Seaboard Air Line Ry. v. BanksSupreme Court of Alabama · 1921
- Edwards v. Lee's AdministratorCourt of Appeals of Kentucky (pre-1976) · 1936
- Birmingham Sawmill Co. v. Southern Ry. Co.Supreme Court of Alabama · 1923
- Federal Land Bank of New Orleans v. FarrisSupreme Court of Alabama · 1933
4 more not listed; retrieve them via the Exa API.