Polhemus v. Cobb
Supreme Court of Alabama
1Opinion of the Court
MADDOX, Justice.
This is an appeal by the defendant, Bevie Ann Polhemus, from the judgment of the trial court holding that the plaintiffs, Joe Cobb and other residents of an unrecorded subdivision known as Fowler Farms, are entitled to an easement by implication across her property. We agree with the findings of the trial court and affirm its judgment, but we remand the case in order that the trial court may clearly define the scope of the easement by metes and bounds.
The parties, with one exception, are residents of a subdivision created by James *966Fowler (hereinafter known as Fowler Farms);…
2Cases cited12 opinions
- Birmingham Trust & Savings Co. v. MasonSupreme Court of Alabama · 1930
- Helms v. TullisSupreme Court of Alabama · 1981
- Walker v. CliffordSupreme Court of Alabama · 1900
- Smith v. HaynesSupreme Court of Alabama · 1978
- Brewer v. AvingerSupreme Court of Alabama · 1922
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3Cited by5 opinions
- Bevilacqua v. RodriguezMassachusetts Supreme Judicial Court · 2011
- Malloy v. ReyesSupreme Court of The Virgin Islands · 2014
- Wehby v. TurpinSupreme Court of Alabama · 1998
- Garrison v. Alabama Power CompanyCourt of Civil Appeals of Alabama · 2001
- Polhemus v. CobbSupreme Court of Alabama · 1995