Sullivan v. Spotswood
Supreme Court of Alabama
Appeal from the Chancery Court of' Mobile. Heard before the Hon. John A. Poster. The bill in this case was filed on the 1st December, 1885, by Martin H. Sullivan, against Thomas E. Spotswood ; and sought to enjoin the defendant from interfering with a boom which the complainant had erected on and across Hog Bayou, a few miles above Mobile.
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Appeal from the Chancery Court of' Mobile. Heard before the Hon. John A. Poster. The bill in this case was filed on the 1st December, 1885, by Martin H. Sullivan, against Thomas E. Spotswood ; and sought to enjoin the defendant from interfering with a boom which the complainant had erected on and across Hog Bayou, a few miles above Mobile. The complainant was the owner of an undivided half interest in lands on the west side of the bayou, and had purchased the unexpired term of a lease of other property, which was thus described : “ The water front and booming facilities of Hog Bayou, from its…
1Opinion of the CourtClopton, J.
—The appellant, who files the bill, seeks to enjoin appellee from interfering with a boom, which he had erected across the mouth of Hog Bayou, whereby its passage is obstructed. Whether or not the bayou is public and navigable water, involves the determination of the right of complainant to the injunction, and is the main contention of the parties.
The appellant insists, that its navigableness should be determined by the tests deduced and stated in Rhodes v. Otis, 33 Ala. 578, and approvingly quoted in subsequent cases, in which this court considered what constitutes a navigable stream. The…
2Cases cited7 opinions
- The MontelloSupreme Court of the United States · 1874
- Atlee v. Packet Co.Supreme Court of the United States · 1875
- Rhodes v. OtisSupreme Court of Alabama · 1859
- Walker v. AllenSupreme Court of Alabama · 1882
- Lewis v. Coffee CountySupreme Court of Alabama · 1884
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