McCarver v. Herzberg
Supreme Court of Alabama
Appeal from the City Court qf Gadsden. Tried before the Hon. John H. Disqjje. . This was a common law action of ejectment brought by the appellee, H. Herzberg, against the appellant, W. W. McCarver, to recover certain lands specifically described in the declaration. The facts of the case are sufficiently stated in the opinion.
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Appeal from the City Court qf Gadsden. Tried before the Hon. John H. Disqjje. . This was a common law action of ejectment brought by the appellee, H. Herzberg, against the appellant, W. W. McCarver, to recover certain lands specifically described in the declaration. The facts of the case are sufficiently stated in the opinion. The cause was tried by the court without the intervention of a jury; and upon the hearing of all the evidence the court rendered judgment for the plaintiff for the entire title in and to all the lands sued for. To the rendition of this judgment the defendant duly…
1Per curiam
The lands in controversy are a part of the lands granted to the State of Alabama by the act of Congress, approved June 3, 1856, to aid in the construction of certain railroads, by the terms of which there was granted to the State for this purpose “every alternate section of land designated by odd numbers, for six sections in width on each side of each of said roads.” One of these roads was to run “from near Gadsden to some point on the Alabama and Mississippi State line, in the direction of the Mobile & Ohio Railroad, with a view to connect with said Mobile & Ohio Railroad;” and by a joint…
2Cases cited11 opinions
- St. Paul & Sioux City Railroad v. Winona & St. Peter RailroadSupreme Court of the United States · 1885
- The People v. . SnyderNew York Court of Appeals · 1869
- Cary v. StateSupreme Court of Alabama · 1884
- Sioux City & St. Paul Railroad v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of the United States · 1886
- Lake Superior Ship Canal, Railway & Iron Co. v. CunninghamSupreme Court of the United States · 1894
6 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Ryan v. YoungSupreme Court of Alabama · 1906
- Wyatt v. StateSupreme Court of Alabama · 1952
- Duy v. Alabama Western Railway Co.Supreme Court of Alabama · 1911
- Davis v. TeagueSupreme Court of Alabama · 1929
- State Ex Rel. Britton v. HarrisSupreme Court of Alabama · 1953
6 more not listed; retrieve them via the Exa API.