Greenwood v. West
Supreme Court of Alabama
Appeal from Marshall Chancery Court. Heard before Hon. W. H. Simpson. Bill by H. B. Greenwood against J. H. West, and others to compel the opening of a way. From a decree for defendants, complaintant appeals.
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Appeal from Marshall Chancery Court. Heard before Hon. W. H. Simpson. Bill by H. B. Greenwood against J. H. West, and others to compel the opening of a way. From a decree for defendants, complaintant appeals. The bill alleges that the complaintant was in the possession of and seised of the E.% of the N. W. % and 30 acr.es lying along the east side of the W. % of N. E. %, section 9, township 8, range 3 E.; that the respondents are seised and possessed of the W. % of the S. E. % of the same section, township, and range; that in the year 1870 one Grandison Greenwood became the owner and was…
1Opinion of the CourtAnderson, J.
This bill was filed to open a road over which the complainant claims a private right of way. The bill does not aver an express grant, and the proof fails to establish a right by prescription, as the use of the road was rather a permissive than an adverse one. Moreover, the proof shows that the road was changed and the route shifted at the will of the owner of the land.—Trump v. McDonald, 120 Ala. 200, 24 South. 353; Rosser v. Bunn, 66 Ala. 89. Counsel for appellant, do not in fact contend for a right of way by an express grant or by prescription, but argue upon the theory of an implied grant…
2Cases cited2 opinions
- Rosser v. Bunn & TimberlakeSupreme Court of Alabama · 1880
- Trump v. McDonnellSupreme Court of Alabama · 1898
3Cited by8 opinions
- Helms v. TullisSupreme Court of Alabama · 1981
- Hamby v. StepletonSupreme Court of Alabama · 1930
- Hereford v. Gingo-Morgan ParkSupreme Court of Alabama · 1989
- Vaughan v. BarrSupreme Court of Alabama · 1992
- Dickson v. DicksonSupreme Court of Alabama · 1946
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