Georgia Pacific Railway Co. v. Gaines
Supreme Court of Alabama
Appeal from the Chancery Court of Walter. Heard before the Hon. Thomas Cobbs. The bill in this case was filed on the 9th June, 1884, by the Georgia Pacific Bail way Company, a domestic corporation, against George S. Gaines; and sought to enforce the specific performance of a written agi'eement, by which the defendant bound himself to convey to A. H. Colquit, E. C. Gordon and W. S. Gordon, “their associates and successors,” all the coal and iron on and in a certain tract of…
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Appeal from the Chancery Court of Walter. Heard before the Hon. Thomas Cobbs. The bill in this case was filed on the 9th June, 1884, by the Georgia Pacific Bail way Company, a domestic corporation, against George S. Gaines; and sought to enforce the specific performance of a written agi'eement, by which the defendant bound himself to convey to A. H. Colquit, E. C. Gordon and W. S. Gordon, “their associates and successors,” all the coal and iron on and in a certain tract of land, particularly described, containing eighty acres; “together with the right to enter upon the said lands, and…
1Opinion of the CourtSomerville, J.
The main principle of law which is to govern this case is fully discussed and settled in the case of The Georgia Pacific Railway Co. v. Wilks, 86 Ala. 478. We had held on a former appeal that a railroad corporation can not, without an express grant of power, acquire or recover an interest in lands, unless it is made to appear that such property is necessary or proper for carrying out the *381purposes for whieb the corporation was organized.— Wilks v. Ga. Pa. Railway Co., 79 Ala. 180. On the last appeal (86 Ala. 478, supra), we decided that the appellant corporation might legally assert the right…
2Cases cited5 opinions
- Gilmer v. MorrisSupreme Court of Alabama · 1885
- Hooper v. StrahanSupreme Court of Alabama · 1881
- Wilks v. Georgia Pacific RailroadSupreme Court of Alabama · 1885
- Gilmer v. WallaceSupreme Court of Alabama · 1883
- Georgia Pacific Railway Co. v. WilksSupreme Court of Alabama · 1888
3Cited by6 opinions
- State v. FriedkinSupreme Court of Alabama · 1943
- Ferguson v. StarkeySupreme Court of Alabama · 1915
- Zaner v. ThrowerSupreme Court of Alabama · 1919
- Phillips v. MorrowSupreme Court of Alabama · 1924
- Westbrook v. HayesSupreme Court of Alabama · 1902
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