Legal Opinion

Russell v. C. N. Robinson & Co.

Supreme Court of Alabama

Decided November 26, 1907PublishedCited by 12 opinions

Appeal from Lawrence Circuit Court. Heard before Hon. D. W. Speake. Action by C. N. Robinson & Co. against John M. Russell. From a judgment for plaintiffs, defendant appeals. The courts take judicial knowledge of county boundaries and in which county land is situated, where the section, township and range are given. — 17 A. & E. Ency. of Law, pp. 912-13, secs. 4 and 6, and notes 2, 4 and-6; Jfcarthaus v. N. G. <£ Si.

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Appeal from Lawrence Circuit Court. Heard before Hon. D. W. Speake. Action by C. N. Robinson & Co. against John M. Russell. From a judgment for plaintiffs, defendant appeals. The courts take judicial knowledge of county boundaries and in which county land is situated, where the section, township and range are given. — 17 A. & E. Ency. of Law, pp. 912-13, secs. 4 and 6, and notes 2, 4 and-6; Jfcarthaus v. N. G. <£ Si. L. R. R. Go., 144 Ala. 433; Bolling v. M. & M. R. R. Go., 128 Ala. 550';' Schewer i): Welly¡'12V Ala. 323; Webb v. M¡pllins.,JJS Alt. 111 \ Money v. ^urpiysged, 5Q. Ala. 499;…

1Opinion of the CourtDowdell, J.

— Whether the island known as ^‘Burkett’s” or “Brown’s” Island, in the Tennessee river, between the counties of Lawrence and Limestone, is a part of the former or latter county, is the pivotal question in this case. The question is presented by the' defendant’s plea in abatement addressed, to the jurisdiction of the circuit court, on which issue was taken and á veridiet was returned in favor of the plaintiff. The t'errh *330torial act of February 9, 1818 (Toulmin’s Dig. Laws Ala. p. 87, tit. 10, c. 15) provides as follows:

“Section 1. Be it enacted by the Legislative Council and House of…

2Cases cited4 opinions

  1. Tidwell v. StateSupreme Court of Alabama · 1881
  2. Doe ex dem Miller v. CullumSupreme Court of Alabama · 1843
  3. Stephenson v. WrightSupreme Court of Alabama · 1895
  4. Morgan v. Mayor of MobileSupreme Court of Alabama · 1873

3Cited by12 opinions

  1. Patterson v. StateSupreme Court of Alabama · 1909
  2. Marengo County v. Wilcox CountySupreme Court of Alabama · 1927
  3. Waldrop v. Kansas City Southern Railway Co.Supreme Court of Arkansas · 1917
  4. Pruitt v. Sebastian County Coal & Mining Co.Supreme Court of Arkansas · 1949
  5. Ullman Bros. v. StateAlabama Court of Appeals · 1918

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