Legal Opinion

Yancey v. Savannah & Western Railroad

Supreme Court of Alabama

Decided November 15, 1893PublishedCited by 13 opinions

Appeal from the Circuit Court of Olay. Tried before the Hon. LeRoy F. Box. This was a statutory action of ejectment brought by ¥m. A. Yancey against the Savannah & Western Railroad Co., and sought to recover certain property specifically described in the complaint. There was a plea of the general issue.

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Appeal from the Circuit Court of Olay. Tried before the Hon. LeRoy F. Box. This was a statutory action of ejectment brought by ¥m. A. Yancey against the Savannah & Western Railroad Co., and sought to recover certain property specifically described in the complaint. There was a plea of the general issue. The cause was tried before the court, without the intervention of a jury, on the following agreed statement of facts : “On the 1st day of December, 1872, W. A. Yancey, the plaintiff in this case, executed to the Savannah & Memphis Railroad Company, an Alabama corporation, its successors and…

1Opinion of the Court

STONE, 0. J.

This case was submitted on an agreed statement of facts, to be set out in the report of the case. The suit was commenced on January 18, 1890. The deed from plaintiff to defendant, under which defendant claims title, was executed December 10, 1872. By this deed the grantor granted to the Savannah & Memphis Railroad Company, of which the defendant is the successor, the right of way, one hundred feet wide, over certain described lands upon the recited consideration “running their contemplated railroad on and along his lands, as well as in consideration of the sum of one dollar to him…

2Cited by13 opinions

  1. Salter v. HamiterSupreme Court of Alabama · 2004
  2. Daniels v. WilliamsSupreme Court of Alabama · 1912
  3. Seaboard Air Line Ry. v. BanksSupreme Court of Alabama · 1921
  4. Bellenger v. WhittSupreme Court of Alabama · 1922
  5. Gerald v. HayesSupreme Court of Alabama · 1920

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