Wilks v. Georgia Pacific Railroad
Supreme Court of Alabama
Appeal from the Chancery Court of Fayette. Heard before the Hon. Thomas Cobbs. The bill in this case was filed on' the 18th day of February, 1884, by the Georgia Pacific Railroad Company, a corporation chartered under the laws of Alabama, against M. D. Wilks and J. C. Wilks, his wife; and sought the specific performance of a contract, which, as reduced to writing, and signed by the defendants, was dated March 12th, 1880, and in these words: . “ State of Alabama, 1 Know all…
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Appeal from the Chancery Court of Fayette. Heard before the Hon. Thomas Cobbs. The bill in this case was filed on' the 18th day of February, 1884, by the Georgia Pacific Railroad Company, a corporation chartered under the laws of Alabama, against M. D. Wilks and J. C. Wilks, his wife; and sought the specific performance of a contract, which, as reduced to writing, and signed by the defendants, was dated March 12th, 1880, and in these words: . “ State of Alabama, 1 Know all men by these presents, that County of Fayette. [ whereas Alfred H. Colquit, of DeKalb county, Georgia, Eugene C. Gordon…
1Opinion of the CourtStone, C. J.
Wilks, in consideration that Colquit and the Gordons, their associates and successors, would, within three years, construct a railroad from one of several named connections, “so as to reach the county of Fayette, or the county of Walker, State of Alabama, or both,” bound himself, by bond in writing, to make to said Colquit and Gordons, their associates or successors, good and sufficient titles to all the coal and iron upon and in certain described lands; and also to secure to them right of way, etc. This bond bears date May 12, 1880. On May 4, 1882, Colquit and the Gordons assigned the bond…
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