Webb v. Jones
Supreme Court of Alabama
Appeal from Marengo Chancery Court. Heard before Hon. Thomas H. Smith. Bill by Y. M. Jones and others against John C. Webb, to establish and perpetuate a right of way reserved by deed. From a decree for complainants respondents appeal. No adverse user is shown. — Atl&ms v. Boctrdman, 37 Am.
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Appeal from Marengo Chancery Court. Heard before Hon. Thomas H. Smith. Bill by Y. M. Jones and others against John C. Webb, to establish and perpetuate a right of way reserved by deed. From a decree for complainants respondents appeal. No adverse user is shown. — Atl&ms v. Boctrdman, 37 Am. Dec. 100. The deed created a reservation and not an exception. — Tiedman on Real Property, Sec. 843. For the definition of a reservation see. —2 Dev. on Deeds, sec. 979, and Tiedman on Real Property, supra. A reservation is always construed most strongly against the grantor. — Grafton v. Moir, 27 Am. St.…
1Opinion of the CourtSayre, J.
Henry W. Reese left a will by which he appointed Henry F. Reese, his son, and Henry Withers, his son-in-law, his executors and trustees to perform the trusts created thereby, and devised to *641them the land described in the bill in trust for his children, with power to sell at discretion. The bill is filed by the parties named in their capacities as executors and as individuals; they with Virginia M. Jones, and the children of Mrs. Withers, deceased, constituting the parties complainant and all the devisees under the will. In the year 1900 the executors, by a deed executed in pursuance of the…
2Cases cited10 opinions
- Clark v. . DevoeNew York Court of Appeals · 1891
- Karmuller v. KrotzSupreme Court of Iowa · 1865
- Webb v. RobbinsSupreme Court of Alabama · 1884
- Claflin v. Boston & Albany RailroadMassachusetts Supreme Judicial Court · 1892
- Walker v. CliffordSupreme Court of Alabama · 1900
5 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- Allen v. AxfordSupreme Court of Alabama · 1969
- Laney v. EarlySupreme Court of Alabama · 1974
- Republic Steel Corporation v. PayneSupreme Court of Alabama · 1961
- Patterson v. Atlantic Coast Line R. Co.Supreme Court of Alabama · 1919
- City of Birmingham v. GrahamSupreme Court of Alabama · 1918
16 more not listed; retrieve them via the Exa API.