Hendrix v. Southern Railway Co.
Supreme Court of Alabama
Appeal from the Chancery Court of Cherokee. Heard before the Hon. James R. Dowdell. The bill in this case was filed on January 19, 1897, by the appellee, the Southern Railway, against the appellant, W. W. Hendrix, to enjoin an action of ejectment instituted by the defendant in the circuit court of Cherokee county against the complainant.
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Appeal from the Chancery Court of Cherokee. Heard before the Hon. James R. Dowdell. The bill in this case was filed on January 19, 1897, by the appellee, the Southern Railway, against the appellant, W. W. Hendrix, to enjoin an action of ejectment instituted by the defendant in the circuit court of Cherokee county against the complainant. It was averred in the bill that in 1886 the complainant, W. W. Hendrix, and -his wife executed and delivered to the Rome & Decatur Railroad Company a deed to the right of way over certain lands owned by said W. W. Hendrix, and which he occupied as a…
1Opinion of the CourtSharpe, J.
A railroad corporation whose property rights have passed to complainant by successive judicial sales obtained from defendant a conveyance of a right of way covering a strip of land 100 feet in width over his *210homestead lands. Afterwards the surveyed route was changed and the road was built over a part of the homestead lands to which the company had no deed. As to the circumstances under which this was done defendant testifies as follows: “I informed the men building the road 'that they must not cut my timber without paying for it. Calaban and Redman said they would pay me for the road through…
2Cases cited10 opinions
- Lovelace v. WebbSupreme Court of Alabama · 1878
- New Orleans & Selma Railroad v. JonesSupreme Court of Alabama · 1880
- Ex parte WalkerSupreme Court of Alabama · 1854
- Thornton v. Sheffield & Birmingham R. R.Supreme Court of Alabama · 1887
- Watts v. Eufaula National BankSupreme Court of Alabama · 1884
5 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- Ex Parte Louisville N. R. Co.Supreme Court of Alabama · 1924
- Brusha Et Ux. v. Board of Education of Oklahoma CitySupreme Court of Oklahoma · 1913
- Irvin v. IrvinSupreme Court of Alabama · 1922
- Louisville & Nashville R. R. v. SmithSupreme Court of Alabama · 1904
- Taylor Investment Co. v. Kansas City Power & Light Co.Supreme Court of Kansas · 1958
16 more not listed; retrieve them via the Exa API.