Jones v. Southern Ry. Co.
Supreme Court of Alabama
Appeal from Hale Chancery Court. Heard before Hon. Ti-iomas H. Smith. Bill by the Southern Railroad Company against Madison Jones, and others to enjoin an ejectment suit. From a decree overruling demurrers to the bill and refusing to dissolve an injunction respondents appeal.
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Appeal from Hale Chancery Court. Heard before Hon. Ti-iomas H. Smith. Bill by the Southern Railroad Company against Madison Jones, and others to enjoin an ejectment suit. From a decree overruling demurrers to the bill and refusing to dissolve an injunction respondents appeal. The proceedings set up were held under the act of December 31, Acts 1868, p. 566, and the demurrers raise the question that the power in the act given this corporation to condemn lands before a justice of the peace, is void for three reasons; 1st, because this portion of the act is not clearly expressed in the title. —…
1Opinion of the CourtSimpson, J.
This is an appeal from a decree overruling demurrers to thé bill and refusing to dissolve an injunction. The appellants sued the appellee in ejectment to recover a parcel-of land constituting the right of way of appellee. The appellee filed its bill to enjoin said action of ejectment, alleging that the ejectment suit is by Madison Jones and Napoleon B. Jones, as trustees under the last will and testament of William Jones, deceased; that the predecessor of complainant, “the Selma, Marion & Memphis Baiiroad Company,” was incorporated under a special act of the Legislature (Acts 1868, p. 566) ;…
2Cases cited6 opinions
- Jones v. New Orleans & Selma RailroadSupreme Court of Alabama · 1881
- Hendrix v. Southern Railway Co.Supreme Court of Alabama · 1900
- South & North Alabama Railroad v. Alabama Great Southern RailroadSupreme Court of Alabama · 1893
- Cowan v. Southern Railway Co.Supreme Court of Alabama · 1897
- Mobile & Western Railway Co. v. Fowl River Lumber Co.Supreme Court of Alabama · 1907
1 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Montgomery v. Alabama Power Co.Supreme Court of Alabama · 1948
- Town of Clio v. LeeSupreme Court of Alabama · 1917
- City of Birmingham v. SmyerSupreme Court of Alabama · 1935
- City of Birmingham v. Alabama Home Building & Loan Ass'nSupreme Court of Alabama · 1936