Legal Opinion

Hill v. Davis

Supreme Court of Alabama

Decided May 11, 1961No. 7 Div. 523PublishedCited by 4 opinions

1Opinion of the Court

MERRILL, Justice.

This appeal is from a final decree in a declaratory judgment action to construe a written agreement between adjoining landowners executed in 1928. Appellant Hill was the grantor in the agreement, and N. H. Waters and W. A. Poindexter, the predecessors in title to appellee Davis, were the grantees. In 1928, Hill resided in Texas, but in 1955, he moved on his Alabama land and has since resided there.

A small branch ran east through the property of Hill and on through the property of Waters and Poindexter, who were lower riparian owners. They built a dam on their property with…

2Cases cited5 opinions

  1. Bosworth v. NelsonSupreme Court of Georgia · 1930
  2. Turner v. Selectmen of HebronSupreme Court of Connecticut · 1891
  3. Olsson v. NelsonSupreme Court of Alabama · 1946
  4. Schultz v. CarterSupreme Court of Virginia · 1930
  5. Walker v. Medical Soc. of Mobile CountySupreme Court of Alabama · 1945

3Cited by4 opinions

  1. Voyager Life Ins. Co., Inc. v. WhitsonSupreme Court of Alabama · 1997
  2. Marcrum v. EmbrySupreme Court of Alabama · 1973
  3. Stauffer Chemical Company v. W. D. Brunson, D/B/A Brunson Construction CompanyCourt of Appeals for the Fifth Circuit · 1967
  4. Conway v. AndrewsSupreme Court of Alabama · 1970

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