Swann & Billups v. Larmore
Supreme Court of Alabama
Arpear from the Circuit Court of DeKalb. Tried before the Hon. Louis Wyetii This action of ejectment was brought to recover certain lands particularly described, which constituted parts of sections twenty-five (25) and thirty-five (35), in township four (4), range ten (10) east; and was commenced on the 2d September, 1878. The declaration contained a count on a demise from the State of Alabama, on the 10th April, 1872; and a count on a demise from John Swann and John A.…
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Arpear from the Circuit Court of DeKalb. Tried before the Hon. Louis Wyetii This action of ejectment was brought to recover certain lands particularly described, which constituted parts of sections twenty-five (25) and thirty-five (35), in township four (4), range ten (10) east; and was commenced on the 2d September, 1878. The declaration contained a count on a demise from the State of Alabama, on the 10th April, 1872; and a count on a demise from John Swann and John A. Billups, as trustees appointed under the provisions of the “ Debt Settlement Act ” approved February 23d, 1876, made on the…
1Opinion of the CourtStone, J.
By act of Congress approved June 3d, 1856 (11 Stat. at large, 17-8), there was granted to the State of Alabama, for the purpose of aidingin the construction of a railroad “from Gadsden to connect with the Georgia and Tennessee, and Tennessee line of railroads, through Chatooga, Wills and Lookout valleys,” alternate sections of land designated by odd-munbers, fo,r six miles in width on each side' of said railroad. This *562statute allowed ten years for the completion of the road, and provided that, “ if said road is not completed in ten years, no further sale [of the lands granted] shall be made,…
2Cases cited1 opinion
- Schulenberg v. HarrimanSupreme Court of the United States · 1875
3Cited by3 opinions
- Ware v. SwannSupreme Court of Alabama · 1885
- Swann & Billups v. MillerSupreme Court of Alabama · 1886
- Sullivan v. Van Kirk Land & Construction Co.Supreme Court of Alabama · 1899