Tennessee Coal, Iron & Railroad v. Gardner
Supreme Court of Alabama
Appeal from the Circuit Court of Bibb. Tried before the Hon. John Moore. This was a statutory action of ejectment 'brought by the appellee, Grace Gardner, against the appellant, the Tennessee Coal, Iron & Railroad Company, to recover certain lands specifically described, in the complaint. The facts of the case are sufficiently stated in the opinion.
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Appeal from the Circuit Court of Bibb. Tried before the Hon. John Moore. This was a statutory action of ejectment 'brought by the appellee, Grace Gardner, against the appellant, the Tennessee Coal, Iron & Railroad Company, to recover certain lands specifically described, in the complaint. The facts of the case are sufficiently stated in the opinion. Cpon the introduction of all the evidence the court, at the request of the defendant, gave to the jury the general affirmative charge in its behalf, to the giving of which charge the plaintiff duly excepted. There, was a verdict- in favor of the…
1Opinion of the CourtDowdell, J.
The plaintiff and defendant each claimed title to the land in controversy from a common source, one Lee Allen, to whom the government issued a patent. The claim of titíe relied on by the plaintiff is as follows: Patent from the government to Lee Allen, dated December 1, 1860; deed from Lee Allen to James Hill executed March 6, 1861, recorded September 1, 1890;, deed from James Hill to John W. White, dated October 15, 1870, proved September 8, 1884, recorded September 1, 1890; deed from John White to Jesse Miller, dated March 5, 1890, acknowledged March 5, 1890, filed for record April 3, 1890,…
2Cases cited9 opinions
- Fenno v. SayreSupreme Court of Alabama · 1842
- Ohio Life Insurance & Trust Co. v. LedyardSupreme Court of Alabama · 1846
- Wood v. LakeSupreme Court of Alabama · 1878
- Lehman, Durr & Co. v. CollinsSupreme Court of Alabama · 1881
- Gimon v. DavisSupreme Court of Alabama · 1860
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3Cited by17 opinions
- Spradling v. MaySupreme Court of Alabama · 1953
- Pittman v. PittmanSupreme Court of Alabama · 1945
- Jefferson County v. MosleySupreme Court of Alabama · 1969
- Ellis v. WomackSupreme Court of Alabama · 1945
- Cape Sable Corporation v. McClurgSupreme Court of Florida · 1954
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