Knight v. Alabama Midland Ry. Co.

• Decision Date: 18 May 1893
• Citation: 13 So. 260,101 Ala. 407
• Parties: KNIGHT v. ALABAMA MIDLAND RY. CO.
• Court: Alabama Supreme Court

13 So. 260

101 Ala. 407

KNIGHT v. ALABAMA MIDLAND RY. CO.

Supreme Court of Alabama

May 18, 1893

Appeal from circuit court, Montgomery county; John P. Hubbard Judge.

Ejectment by Thomas D. Knight against the Alabama Midland Railway Company. Judgment for defendant. Plaintiff appeals. Affirmed.

The cause was tried upon an agreed statement of facts, of which the following are material to the cause: On April 10, 1886 the plaintiff owned the land sued for in this action together with his wife, and on that day executed the following deed: "Know all men by these presents, that whereas, the formation of an incorporated railway company for the building of a line of railway from Montgomery, Alabama by Ada, Alabama, to Chattahoochee, Florida, or other point in southeast Alabama or Florida, is contemplated by certain citizens of Alabama and of New York, upon condition that certain donations of land are made, and other benefits are granted, to aid in its construction, which said railway company will be known and called the Montgomery & Florida Railway Company; and whereas, we, T. D. Knight and D. A Knight, of said county, desiring to aid in the building of said road, and desiring that said line of road, when built shall pass over my lands, or as near my lands, in said county, as possible: Now, therefore, in consideration of the premises, and in order to encourage and promote the organization of such a company to build such a railway, and to aid the building of such a railway by any such company as may be organized for the purpose of building it, and as an inducement and aid to such company to construct its line of railway upon and across my premises, or as near thereto as practicable, and in further consideration of ten dollars to me in hand paid by V. B. Watson, trustee, the receipt whereof is hereby acknowledged, we, the aforesaid T. D. Knight and D. A. Knight, his wife, do hereby grant, bargain, sell, and convey unto the said Watson, as trustee for any such railway company as is contemplated herein, and referred to above, in the county of _____, a right of way for said railway over and across any or all of my lands in Montgomery county, in said state, seventy-five feet on each side from the center of the track and roadbed, to be selected and located by such company, with the right and privilege of entering upon and using said right of way, and all earth, timber, and trees thereupon, for the construction of said railway. If said railway is built across my said lands, the said company shall have the right to fell any trees outside of the right of way, which, in its judgment, shall in any manner injure its roadbed or tracks, by shading the same or otherwise, and to cut all necessary ditches to properly drain and protect said roadbed and track and right of way, and to divert any stream flowing on said right of way for the same purpose, and to use...