City of Decatur v. Southern Railway Co.
Supreme Court of Alabama
Appeal from Morgan Law and Equity Court. Heard before Hon. Tpiomas W. Wert. Bill by tbe Southern Railway Co., against the City of Decatur and others to remove as a cloud upon its title certain assessments for street improvements against its right of way in the city of Decatur. Decree for complainants and respondents appeals.
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Appeal from Morgan Law and Equity Court. Heard before Hon. Tpiomas W. Wert. Bill by tbe Southern Railway Co., against the City of Decatur and others to remove as a cloud upon its title certain assessments for street improvements against its right of way in the city of Decatur. Decree for complainants and respondents appeals. It is not proper to consider the uses to which the property is put, but the benefit, vel non, by reason of the improvement, as the assessment is laid against the property and not the owner, whatever its uses.—L. & N. R. R. Oo. v. Barber, 197 U. S. 434. The benefits have…
1Opinion of the Court
ANDERSON, ■ J.
Upon the former appeal in this case (183 Ala. 531, 62 South. 855, 48 L. R. A. [N. S.] 231), the effect of the holding was that the assessment in question was not enforceable by a lien upon and sale of the complainant’s roadbed or right of way for the reasons therein set forth, and to which ruling we strictly adhere. It is true this court did not expressly hold *366that the property was not assessable for this special tax, and also declined to decide whether or not there conld be a personal judgment against this complainant for said special tax. We did hold, however, that the bill…
2Cases cited2 opinions
- City of Huntsville v. Madison CountySupreme Court of Alabama · 1910
- City of Decatur v. Southern Railway Co.Supreme Court of Alabama · 1913
3Cited by11 opinions
- Jefferson County v. City of BirminghamSupreme Court of Alabama · 1938
- Town of Camden v. Fairbanks, Morse & Co.Supreme Court of Alabama · 1920
- County Board of Education v. State Ex Rel. CarmichaelSupreme Court of Alabama · 1939
- Alabama Traction Co. v. Selma Trust & Savings BankSupreme Court of Alabama · 1925
- Griffin Lumber Co. v. NeillSupreme Court of Alabama · 1941
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