Cloverdale Homes v. Town of Cloverdale
Supreme Court of Alabama
Appeal from Montgomery Chancery Court. Heard before Hon. L. D. Gardner. Bill by the Cloverdale Homes against the town of Cloverdale for mandatory injunction to compel said town to permit certain joinders to gas mains laid in its streets. From a decree for respondent on demurrer and on the merits, complainant appeals. The facts sufficiently appear in the opinion.
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Appeal from Montgomery Chancery Court. Heard before Hon. L. D. Gardner. Bill by the Cloverdale Homes against the town of Cloverdale for mandatory injunction to compel said town to permit certain joinders to gas mains laid in its streets. From a decree for respondent on demurrer and on the merits, complainant appeals. The facts sufficiently appear in the opinion. The following are the ordinances referred to thereunder: “Section 1. It shall be unlawful for any person, firm or corporation to make any excavation in, under or across any street, alley, highway, or other public place in the town of…
1Opinion of the Court
de GRAFFENRIED, J.
The quéstion involved in this case require us to construe section 6030 of the Code of 1907, which is as follows: c,,
“The acknowledgment and recording of-such plat or map shall be held in law and in equity to be a conveyance in fee simple of such portion of the premises platted as are marked or noted on such plat or map as donated or granted to the public, and the premises intended for any street, alleyway, common, or other public use, as shown in such plat or map, shall be held in trust for the uses and purposes intended or set forth in such plat or map.”
It is necessary, in…
2Cases cited20 opinions
- Webb v. City of DemopolisSupreme Court of Alabama · 1891
- Snoddy v. BolenSupreme Court of Missouri · 1894
- Schurmeier v. St. Paul & Pacific RailroadSupreme Court of Minnesota · 1865
- City of Montgomery v. GreeneSupreme Court of Alabama · 1913
- Perry v. New Orleans, Mobile & Chattanooga RailroadSupreme Court of Alabama · 1876
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3Cited by45 opinions
- Marsh v. AlabamaSupreme Court of the United States · 1946
- Alabama State Federation of Labor v. McAdorySupreme Court of the United States · 1945
- Hill Farm, Inc. v. Hill CountyTexas Supreme Court · 1969
- State v. Western Union Telegraph Co.Supreme Court of Alabama · 1916
- BEACHCROFT PROPERTIES v. City of AlabasterSupreme Court of Alabama · 2004
40 more not listed; retrieve them via the Exa API.