Profile Cotton Mills v. Calhoun Water Co.
Supreme Court of Alabama
Appeal from Anniston City Court. Heard before Hon. Thomas W. Coleman, Jr. Bill by tbe Profile Cotton Mills against the Calhoun Water Company, to establish a license and to declare a resulting or constructive trust. Decree for respondent, and complainant appeals.
Read the full summary
Appeal from Anniston City Court. Heard before Hon. Thomas W. Coleman, Jr. Bill by tbe Profile Cotton Mills against the Calhoun Water Company, to establish a license and to declare a resulting or constructive trust. Decree for respondent, and complainant appeals. The bill seeks to establish a license in favor of complainant for the maintenance of a dam and water pipes upon respondent’s land, dr to declare a resulting or constructive trust for complainant either in the land itself or in an easement to draw thereform a water supply for the operation of its cotton mills, and the use of its…
1Opinion of the CourtSomerville, J.
The bill of complaint is without equity in so far as it is predicated upon the theory of a license in favor of complainant to use the lands of respondent for a water supply and for the maintenance *188of pipe lines therefrom. It is too well settled in this state to permit of further discussion that a verbal license to.use land is revocable at the pleasure of the licensor, unless a valuable consideration has moved to him from the licensee.—Rhodes v. Otis, 33 Ala. 578, 600, 73 Am. Dec. 439; Hicks v. Swift Greek Mill Co., 133 Ala. 411, 418, 31 South. 947, 57 L. R. A. 720, 91 Am. St. Rep. 38; Turner…
2Cases cited11 opinions
- Eyre v. JacobSupreme Court of Virginia · 1858
- Rhodes v. OtisSupreme Court of Alabama · 1859
- Turner v. City of MobileSupreme Court of Alabama · 1902
- Hicks Bros. v. Swift Creek Mill Co.Supreme Court of Alabama · 1901
- Riddle v. BrownSupreme Court of Alabama · 1852
6 more not listed; retrieve them via the Exa API.
3Cited by26 opinions
- Cartwright v. BralySupreme Court of Alabama · 1928
- Holcomb v. ForsythSupreme Court of Alabama · 1927
- Camp v. MilamSupreme Court of Alabama · 1973
- Brown v. BellSupreme Court of Alabama · 1921
- Dean v. Coosa County Lumber Co.Supreme Court of Alabama · 1936
21 more not listed; retrieve them via the Exa API.