Mobile & Montgomery Railway Co. v. Gilmer
Supreme Court of Alabama
Appeal from tbe Circuit Court of Lowndes. Tried before tbe Hon. Sam. H. Spbott. This action was brought by George N. Gilmer, against tbe Mobile & Montgomery Railway Company, as tbe assignee and successor of tbe Alabama & Florida Railroad Company, to recover damages for alleged breaches of covenants; and was commenced on tbe 30th March, 1885. Tbe covenants were contained in a written instrument, which was set out in tbe complaint, in these words: “State of Alabama, )…
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Appeal from tbe Circuit Court of Lowndes. Tried before tbe Hon. Sam. H. Spbott. This action was brought by George N. Gilmer, against tbe Mobile & Montgomery Railway Company, as tbe assignee and successor of tbe Alabama & Florida Railroad Company, to recover damages for alleged breaches of covenants; and was commenced on tbe 30th March, 1885. Tbe covenants were contained in a written instrument, which was set out in tbe complaint, in these words: “State of Alabama, ) Montgomery County, j Know all men by these presents, that in consideration of Geo. N. Gilmer, of Lowndes county, Ala., having…
1Opinion of the CourtSomerville, J.
1. In Gilmer v. Mobile & Montgomery Railway Co., 79 Ala. 569 (s. c., 58 Amer. Rep. 623), we decided that the covenants, for the breach of which the present action is brought, were such as would be construed to “run with the land,” so as to be binding in law upon the defendant corporation, as assignee of the original covenantor, if chargeable with notice of the existence of these covenants. We are satisfied with this conclusion, as one fully sustained by judicial authority. — Morse v. Gardner, 47 Amer. Dec., Note on pp. 569-577, and cases cited.
2. We also adhere to the conclusion, that the…
2Cases cited19 opinions
- Bronson v. CoffinMassachusetts Supreme Judicial Court · 1871
- Lazarus v. ShearerSupreme Court of Alabama · 1841
- Gilmer v. Mobile & Montgomery Railway Co.Supreme Court of Alabama · 1885
- Bibb v. FreemanSupreme Court of Alabama · 1877
- Ala. Gt. Southern R. R. v. South & North Ala. R. R.Supreme Court of Alabama · 1887
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3Cited by22 opinions
- Blagen v. ThompsonOregon Supreme Court · 1892
- Louisville & Nashville Railroad v. TrammellSupreme Court of Alabama · 1890
- Ingalls Iron Works Company v. IngallsDistrict Court, N.D. Alabama · 1959
- Ledbetter & Co. v. VintonSupreme Court of Alabama · 1895
- Seaboard A. L. Ry. Co. v. Anniston Manufacturing Co.Supreme Court of Alabama · 1914
17 more not listed; retrieve them via the Exa API.