Walker v. Clifford
Supreme Court of Alabama
Appeal from the 'Chancery Court of Jefferson. Heard before the Hon. John C. Oarmici-iael. On April 13th, 1900, Wm. A. Walker, as executor of W. S. Mudd, deceased, filed his 'bill against M. Clifford and Annie Clifford to enjoin the obstruction of a right of way claimed by complainant over premises which had been previously leased by him to defendants. 'Complainant alleged in his bill that on December 29th, 1898, lie had leased by written lease to defendants for a term of two…
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Appeal from the 'Chancery Court of Jefferson. Heard before the Hon. John C. Oarmici-iael. On April 13th, 1900, Wm. A. Walker, as executor of W. S. Mudd, deceased, filed his 'bill against M. Clifford and Annie Clifford to enjoin the obstruction of a right of way claimed by complainant over premises which had been previously leased by him to defendants. 'Complainant alleged in his bill that on December 29th, 1898, lie had leased by written lease to defendants for a term of two years to and inclusive of December 31st, 1900, what is known as the Florence Hotel building in Birmingham, including…
1Opinion of the CourtHaralson, J.
1. In the 10 Am. & Eng. Encyc. Law (2d ed.), 420, it is said, with the citation of many’ authorities to support the ¡text, that “According to the established English doctrine, which is supported by some of the later American authorities, if the owner of both the quasi dominant and quasi servient tene*74meats conveys ¡the f-ormer, reserving the latter, all snclx continuous and apparent quasi easements as are reasonably necessary to the enjoyment of the property granted, pass to the grantee, giving rise to easements by implied grant. If, on the other hand, the quasi servient tenement is granted,…
2Cases cited5 opinions
- Lampman v. . MilksNew York Court of Appeals · 1860
- Brown v. . BowenNew York Court of Appeals · 1864
- Whiting v. GaylordSupreme Court of Connecticut · 1895
- Tennessee & Coosa Railroad v. East Alabama Railway Co.Supreme Court of Alabama · 1883
- Ramirez v. McCormickCalifornia Supreme Court · 1854
3Cited by30 opinions
- Birmingham Trust & Savings Co. v. MasonSupreme Court of Alabama · 1930
- Crawford v. TuckerSupreme Court of Alabama · 1952
- Helms v. TullisSupreme Court of Alabama · 1981
- Hamby v. StepletonSupreme Court of Alabama · 1930
- Webb v. JonesSupreme Court of Alabama · 1909
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