Walshe v. Dwight Mfg. Co.
Supreme Court of Alabama
Appeal from Gadsden City Court. Heard before Hon. John H. Disque. Bill by B. T. Walshe against the Dwight Manufacturing Company, to enjoin the casting of surface waters upon his lower land, and for damages. From a decree sustaining demurrers to the bill complainant appeals.
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Appeal from Gadsden City Court. Heard before Hon. John H. Disque. Bill by B. T. Walshe against the Dwight Manufacturing Company, to enjoin the casting of surface waters upon his lower land, and for damages. From a decree sustaining demurrers to the bill complainant appeals. Where no appeal is taken from interlocutory order, such order may be assigned for error on an appeal from a final order. — Nelms v. McGraw, 93 Ala. 345; Wadsworth v. Goree, 96 Ala. 227; sec. 2838, Code 1907. One tenant in common is liable to his. co-tenant for injury to the common property. — 17 A. & E. Enc. of Law, 671. A…
1Opinion of the CourtSayre, J.
Prior to April, 1899, complainant in this cause, who takes this appeal, owned an undivided one-third interest in a tract of land lying immediately south of the track of the Alabama City, Gadsden & Attalla Railway. Until July, 1901, defendant owned the remaining two-thirds interest in the property. On July 1, 1901, defendant conveyed its two-thirds to one Frank Walshe, son of the complainant, who in 1903 conveyed to complainant, who, since that date has owned the entire interest. All the while defendant has owned in severalty the tract lying to the north of the railway and complainant’s tract.…
2Cases cited10 opinions
- Hughes v. AndersonSupreme Court of Alabama · 1880
- Fowler v. Alabama Iron & Steel Co.Supreme Court of Alabama · 1910
- Kauffman v. GriesemerSupreme Court of Pennsylvania · 1856
- McDonald v. PearsonSupreme Court of Alabama · 1896
- Nininger v. NorwoodSupreme Court of Alabama · 1882
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3Cited by18 opinions
- Duncan v. JohnsonSupreme Court of Alabama · 1976
- Jasper Land Co. v. Manchester SawmillsSupreme Court of Alabama · 1923
- Baxter v. National Mortgage Loan Co.Nebraska Supreme Court · 1935
- City of Mobile v. LartigueAlabama Court of Appeals · 1930
- Bank of Columbia v. McElroySupreme Court of Alabama · 1935
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