Alabama Central Railroad v. Long
Supreme Court of Alabama
Appeal from Walker Chancery Court. Heard before Hon.- A. H. Benners. Bill by the Alabama Central Railroad Company against Z. M. Long, as administrtrix of John B. Long, deceased. From a decree sustaining a demurrer to the bill, complainant appeals. The allegation that appellant’s railroad was built and constructed over the lands described in the ejectment suit with the knowledge and consent of the appellee’s intestate gives equity to the bill. — Southern Ry.
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Appeal from Walker Chancery Court. Heard before Hon.- A. H. Benners. Bill by the Alabama Central Railroad Company against Z. M. Long, as administrtrix of John B. Long, deceased. From a decree sustaining a demurrer to the bill, complainant appeals. The allegation that appellant’s railroad was built and constructed over the lands described in the ejectment suit with the knowledge and consent of the appellee’s intestate gives equity to the bill. — Southern Ry. Go. v. Hood, 126 Ala. 812. The agreement is enforcible notwithstanding its Avant of particularity in the description of the land. —Coyne…
1Opinion of the CourtDenson, J.
This bill is filed by the Albama Central Railroad Company, a corporation, to enjoin an ejectment suit commenced against it in the circuit court of Walker county by Z. M. Long, as the administratrix of the estate of John B. Long, deceased, to recover a strip of land 20 feet Avide through the N. W. % of the N. W. i/i of section 34, toAvnship 13, range 7 W., in said County, over or upon which complainant’s road is constructed. The bill shows that the road was constructed over said land under a contract in writing made by John B. Long during his lifetime with the complainant in the words and…
2Cases cited9 opinions
- Moon's Adm'r v. CrowderSupreme Court of Alabama · 1882
- Bolling v. MunchusSupreme Court of Alabama · 1880
- Carlisle v. CarlisleSupreme Court of Alabama · 1884
- Alabama Mineral Land Co. v. JacksonSupreme Court of Alabama · 1898
- Cottingham v. HillSupreme Court of Alabama · 1898
4 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- Lightsey v. StoneSupreme Court of Alabama · 1951
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- Thomason v. . BescherSupreme Court of North Carolina · 1918
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