Tennessee Coal, Iron & Railroad v. Linn
Supreme Court of Alabama
Appeal from the Circuit Court of Jefferson. Tried before the Hon. James J. Banks. This was a statutory action of ejectment, brought on January 14, 1897, by the appellee, Samuel Linn, against the Tennessee Coal, Iron & Bailroad Company, to recover the possession of all of the northwest quarter of section 16, township 16, range 4 west, in Jefferson county, except that part of said northwest quarter which was designated as the “flats of Five Mile Creek,” which excepted portion…
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Appeal from the Circuit Court of Jefferson. Tried before the Hon. James J. Banks. This was a statutory action of ejectment, brought on January 14, 1897, by the appellee, Samuel Linn, against the Tennessee Coal, Iron & Bailroad Company, to recover the possession of all of the northwest quarter of section 16, township 16, range 4 west, in Jefferson county, except that part of said northwest quarter which was designated as the “flats of Five Mile Creek,” which excepted portion is specifically described in the complaint. The trial was had upon issue joined upon the plea of the general issue. The…
1Opinion of the CourtTyson, J.
It appears without dispute that in the spring of 1865, the plaintiff, who was a farmer by occupation, acquired the possession of one hundred acres of the land in controversy from his brother by an exchange for other lands. This exchange was not evidenced by any writing, but the plaintiff went into the actual possession of the land and made some improvement by clearing and cultivation and continued to clear, fence and'cfiltivate the tillable portion, increasing the acreage of tillable land to sixteen acre's. The remaining portion of the land ivas uncleared, grown up in trees and other…
2Cases cited35 opinions
- Alexander v. WheelerSupreme Court of Alabama · 1881
- Humes v. O'Bryan & WashingtonSupreme Court of Alabama · 1883
- Herbert v. HanrickSupreme Court of Alabama · 1849
- Brown v. CockerellSupreme Court of Alabama · 1858
- Baucum v. GeorgeSupreme Court of Alabama · 1880
30 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- Cox v. Board of Trustees of University of AlabamaSupreme Court of Alabama · 1909
- Oliver v. WilliamsSupreme Court of Alabama · 1909
- Crowder v. Doe ex dem. Tennessee C. I. & R. R. Co.Supreme Court of Alabama · 1909
- Owen v. MoxonSupreme Court of Alabama · 1910
- Nelson v. JohnsonCourt of Appeals of Kentucky · 1920
16 more not listed; retrieve them via the Exa API.