State v. Mobile O. R. Co.
Supreme Court of Alabama
Appeal from Circuit Court, Mobile County; Saffold Berney, Judge. Bill by the State of Alabama against the Mobile & Ohio Railroad Company to quiet title. Prom a judgment for respondent, complainant appeals. The title in controversy is to the N. B. % of the S. W. Vi and the S. % of the S. W. Vi, Sec. 20, Tp. 1 north, R. 4 west, in Mobile county.
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Appeal from Circuit Court, Mobile County; Saffold Berney, Judge. Bill by the State of Alabama against the Mobile & Ohio Railroad Company to quiet title. Prom a judgment for respondent, complainant appeals. The title in controversy is to the N. B. % of the S. W. Vi and the S. % of the S. W. Vi, Sec. 20, Tp. 1 north, R. 4 west, in Mobile county. The respondent company claims’ title under a patent from the state of Alabama, and the cause was submitted on the following agreed state of facts and exhibits: (1) The state of Alabama had no claim or right to the land above described until said land…
1Opinion of the CourtSomerville, J.
The formal validity and prima facie effect of state patents of the class liere exhibited — known as the “Chardavoyne patents” — have been affirmed and fully settled by the decisions of this court. Jordan v. McClure Lumber Co., 170 Ala. 289, 54 South. 415; Turner v. Davis, 186 Ala. 77, 64 South. 958; State v. M. & O. R. R. Co., 190 Ala. 409, 67 South. 286.
The two propositions insisted upon for the state are: (1) That the state’s patent to respondent is in fact but a quitclaim conveyance, and not effective to pass an after-acquired title; and (2) whether it would or would not so operate against…
2Cases cited25 opinions
- Carr v. State ex rel. CoetlosquetIndiana Supreme Court · 1891
- People v. . StephensNew York Court of Appeals · 1878
- Fristoe v. Leon & H. BlumTexas Supreme Court · 1898
- State ex rel. Lott v. BrewerSupreme Court of Alabama · 1879
- Chapman v. AbrahamsSupreme Court of Alabama · 1878
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3Cited by7 opinions
- State v. Maddox Tractor & Equipment Co.Supreme Court of Alabama · 1953
- Brown v. Tuskegee Light & Power Co.Supreme Court of Alabama · 1936
- Mobile Gas Co. v. PattersonDistrict Court, M.D. Alabama · 1923
- Hollis v. WallaceSupreme Court of Alabama · 1985
- Kelley v. KelleySupreme Court of Alabama · 1983
2 more not listed; retrieve them via the Exa API.