Legal Opinion

Lucy v. Tenn. & Coosa Railroad

Supreme Court of Alabama

Decided November 15, 1890PublishedCited by 20 opinions

Appkal from the Circuit Court of Etowah. Tried before the Hon. John B. Tally. This was a statutory action of ejectment, brought by the appellants against the appellee corporation; and sought to recover a certain strip of land described in the complaint. The evidence is set out at length in the opinion. In addition to the-evidence as found therein, the defendant introduced evidence tending to show that one Hill held the land for Gilliland, Howell & Cook, of South Carolina.

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Appkal from the Circuit Court of Etowah. Tried before the Hon. John B. Tally. This was a statutory action of ejectment, brought by the appellants against the appellee corporation; and sought to recover a certain strip of land described in the complaint. The evidence is set out at length in the opinion. In addition to the-evidence as found therein, the defendant introduced evidence tending to show that one Hill held the land for Gilliland, Howell & Cook, of South Carolina. The court gave the general affirmative charge for defendant, to the giving oí' which plaintiffs-duly excepted. Upon the…

1Opinion of the CourtColeman, J.

The bill of exceptions in many respects presents an indefinite and unsatisfactory statement of facts. In more than one instance it is impossible to understand the bearing of certain statements made by witnesses, in fixing the .precise location of the strip of land in controversy.

Plaintiffs introduced a certified copy of the original patent of the United States Government, dated April 10th, 1848, to William E. Lucy for the north-east quarter of the south-west ■quarter of section 4, township 12, range 6 east, in the Coosa Land District, the possession of the patentee under the patent, his deal…

2Cases cited9 opinions

  1. Alexander v. WheelerSupreme Court of Alabama · 1881
  2. Dothard v. DensonSupreme Court of Alabama · 1882
  3. Collins v. JohnsonSupreme Court of Alabama · 1876
  4. Riggs v. FullerSupreme Court of Alabama · 1875
  5. Guilmartin v. WoodSupreme Court of Alabama · 1884

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3Cited by20 opinions

  1. Kerlin v. Tensaw Land & Timber Co., Inc.Supreme Court of Alabama · 1980
  2. Robinson v. AllisonSupreme Court of Alabama · 1892
  3. Wilson v. JohnsonSupreme Court of Florida · 1906
  4. Normant v. Eureka Co.Supreme Court of Alabama · 1893
  5. Dodge v. Irvington Land Co.Supreme Court of Alabama · 1908

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