Alabama Great Southern R. Co. v. Brown
| Decision Date | 24 March 1927 |
| Docket Number | 7 Div. 699 |
| Citation | 112 So. 131,215 Ala. 533 |
| Parties | ALABAMA GREAT SOUTHERN R. CO. v. BROWN. |
| Court | Alabama Supreme Court |
Appeal from Circuit Court, De Kalb County; W.W. Haralson, Judge.
Bill in equity by the Alabama Great Southern Railroad Company against A.J. Brown. From a decree on demurrer, complainant appeals. Reversed, rendered, and remanded.
Goodhue & Lusk, of Gadsden, for appellant.
John B Isbell and Chas. J. Scott, both of Ft. Payne, for appellee.
Patterson et al. v. Atlantic Coast Line Railroad Co., 204 Ala. 453 86 So. 20.
The trial court sustained the demurrer to the bill of complaint upon the theory that it failed to specifically offer to pay the value or damages of or to the property taken and sought to be condemned. Whether such an offer in proper cases should be specifically made, or it would suffice to offer to do equity, as the trial court could require payment as a condition precedent to relief, we need not decide, for the reason that the appellee, Brown, the only respondent, is not entitled to same. It is well settled by the decisions of this and other courts that, for the taking or injury to land by the construction of a railroad, the measure of damages is the value or the diminution of...
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Southern Bell Tel. & Tel. Co. v. SOUTHERN PRE. PAT. WKS.
...same as a condition precedent of enjoining the ouster at law." 86 So. at pages 20-21. Quoted with approval in Alabama Great Southern R. Co. v. Brown, 215 Ala. 533, 112 So. 131, 132, and in Montgomery v. Alabama Power Co., 250 Ala. 441, 34 So.2d 573, 574, Birmingham Belt Railroad Co. v. Lock......
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...does not pass by a deed to a subsequent purchaser. Markiewicus et al. v. Methuen, 300 Mass. 560, 16 N.E.2d 32; Alabama G. & S. R. Co. v. Brown, 215 Ala. 533, 112 So. 131; Duke Power Co. v. Rutland, 4 Cir., 60 F.2d 194; and ordinarily a subsequent vendee takes the land subject to the right o......
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Ex Parte Stan Simpson
...Eminent Domain, p. 102, § 390.”). Indeed, Alabama has regarded this rule as “well settled” since 1927. Alabama Great Southern R.R. v. Brown, 215 Ala. 533, 535, 112 So. 131, 132 (1927) (facts analogous to inverse condemnation). If there was a taking in April or May 2004 as M & N alleges-and ......
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Mesich Et Ux. v. Bd. of County Com'rs of Mckinley County.
...which does not pass by a deed to a subsequent purchaser. Markiewicus et al v. Methuen, 300 Mass. 560, 16 N.E.2d 32; Alabama G. & S. R. Co. v. Brown, 215 Ala. 533, 112 So. 131; Duke Power Co. v. Rutland, 4 Cir., 60 F.2d 194; and ordinarily a subsequent vendee takes the land subject to the ri......