Tennessee & Coosa Railroad v. East Alabama Railway Co.
Supreme Court of Alabama
Appeal from Etowah Chancery Court. Heard before Hon. N. S. Graham. The case made by the record appears in the opinion. (1) The conditions mentioned in the deed in question are conditions precedent. Such a condition is one that must be performed before any title passes, or estate vests. — 1 Black. Com. 2 Bk., *154; 4 Kent’s Com. 133; 2 Washb. on Neal Property, 3, § 2; 1 Bon. Daw Die., title, “ Conditions.”
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Appeal from Etowah Chancery Court. Heard before Hon. N. S. Graham. The case made by the record appears in the opinion. (1) The conditions mentioned in the deed in question are conditions precedent. Such a condition is one that must be performed before any title passes, or estate vests. — 1 Black. Com. 2 Bk., *154; 4 Kent’s Com. 133; 2 Washb. on Neal Property, 3, § 2; 1 Bon. Daw Die., title, “ Conditions.” Whether a condition is precedent or subsequent, is a matter of construction, which must be determined by, and depend upon the intention of the parties and existing facts, since no technical…
1Opinion of the CourtStone, J.
— The appellant railroad corporation was chartered by act of the legislature of Alabama in 1844, and was organized under its charter soon afterwards. Its object was to *436construct, equip and operate á railroad, connecting the waters of the Tennessee and Coosa rivers'; Guntersville on the Tennessee and Gadsden on the Coosa being its terminal points. The company expended some three hundred thousand dollars, chiefly in grading its line, and in procuring cross-ties and bridge-timbers, when, at the breaking out of the civil war, its available funds were exhausted. At that time — 1861—most…
2Cases cited17 opinions
- Chambers v. RingstaffSupreme Court of Alabama · 1881
- Zeigler v. South & North Ala. R. R.Supreme Court of Alabama · 1877
- Pollard v. MaddoxSupreme Court of Alabama · 1856
- Meyer v. Johnston & StewartSupreme Court of Alabama · 1875
- Lazarus v. ShearerSupreme Court of Alabama · 1841
12 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Tennessee & Coosa Railroad v. East Alabama Railway Co.Supreme Court of Alabama · 1883
- Thornton v. Sheffield & Birmingham R. R.Supreme Court of Alabama · 1887
- Standifer v. SwannSupreme Court of Alabama · 1884
- Dexter v. OhlanderSupreme Court of Alabama · 1889
- Borst v. SimpsonSupreme Court of Alabama · 1890
11 more not listed; retrieve them via the Exa API.