Legal Opinion

Higgin v. Tennessee Coal, Iron & R. R.

Supreme Court of Alabama

Decided May 15, 1913PublishedCited by 7 opinions

Appeal from Birmingham City Court. Ejectment by James Higgins and others, against the Tennessee Coal, Iron & Railroad Company. Judgment for defendants and plaintiffs appeal.

1Opinion of the Court

MAYFIELD, J.-This

This is an action of ejectment, brought by appellants against appellee, to recover an undivided one-fifth interest in the S. ½ of the S. W. 1/4 of section 8, township 17 south, range 4 west, situated in Jefferson county, Ala.

The parties claim through a common source of title, Thomas Higgins. The plaintiffs claim as heirs at law, being grandchildren of sa~d Higgins, while the defendant claims through will of said Thomas Higgins to his *640daughter, Elizabeth Adeline Shoemaker, and by a chain of conveyances from her on down to defendant. The lands in dispute were not fully…

2Cases cited2 opinions

  1. Chambers v. RingstaffSupreme Court of Alabama · 1881
  2. Peisch v. DicksonU.S. Circuit Court for the District of Massachusetts · 1815

3Cited by7 opinions

  1. Sacred Heart Health Systems, Inc. v. Humana Military Healthcare Services, Inc.Court of Appeals for the Eleventh Circuit · 2010
  2. Wiley v. MurphreeSupreme Court of Alabama · 1933
  3. Stappas v. StappasSupreme Court of Alabama · 1960
  4. Howell v. BennettSupreme Court of Alabama · 1947
  5. Kostos v. AndersonSupreme Court of Oklahoma · 1952

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