Wharton v. Hannon
Supreme Court of Alabama
Appeal from the City Court of Montgomery, in Equity. Heard before the Hon. Thos. M. Arrington. The bill in this case was filed by the appellee, T. W. Hannon, against W. G-. Wharton; and prayed to have the defendant perpetually enjoined from obstructing an alley-way, of which the complainant alleged in his bill he was entitled to have the free and unobstructed use.
Read the full summary
Appeal from the City Court of Montgomery, in Equity. Heard before the Hon. Thos. M. Arrington. The bill in this case was filed by the appellee, T. W. Hannon, against W. G-. Wharton; and prayed to have the defendant perpetually enjoined from obstructing an alley-way, of which the complainant alleged in his bill he was entitled to have the free and unobstructed use. The bill of complainant sets out the purchase of the right of way in question from the defendant by Hannon & Co., and the subsequent purchase by T. W. Hannon of Hannon & Co.’s interest. After the purchase, a deed to the said…
1Opinion of the CourtHead, J.
On the 18th day of May, 1882, Hannon & Co. acquired by deed from W. G. Wharton and wife, an easement thus described : ‘ ‘ The privilege and right of way to use and pass over with their horses, mules, wagons, teams, drays, trucks,carriages, employees or persons for all mercantile or business purposes a lane or alley way at least eighteen feet wide on and through the rear part of lot number two in square number eight, East *557Alabama plat, and a lane or alley way of at least twelve feet wide on and through lot number one in square number eight, East Alabama plat,” in the city of Montgomery,…
2Cases cited2 opinions
- McDonald v. Mobile Life InsuranceSupreme Court of Alabama · 1876
- Goldsby v. GoldsbySupreme Court of Alabama · 1880
3Cited by5 opinions
- Hill v. WingSupreme Court of Alabama · 1915
- Gaynor v. BauerSupreme Court of Alabama · 1905
- Jackson v. SnodgrassSupreme Court of Alabama · 1903
- Methvin v. HaynesSupreme Court of Alabama · 1950
- Wharton v. HannonSupreme Court of Alabama · 1896