Stewart v. Conley
Supreme Court of Alabama
Appeal from the Chancery Court of Talladega. ■ ' Heard before the Hon. J. ii. Dowdell. The bill in this case was filed by the appellant, II. A. Stewart, against the appellee, M. S. Conley, and sought to have the defendant perpetually enjoined from building gates or otherwise obstructing a road lying between the premises of the complainant and the respondent in the town of Munford, in Talladega county, Alabama.
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Appeal from the Chancery Court of Talladega. ■ ' Heard before the Hon. J. ii. Dowdell. The bill in this case was filed by the appellant, II. A. Stewart, against the appellee, M. S. Conley, and sought to have the defendant perpetually enjoined from building gates or otherwise obstructing a road lying between the premises of the complainant and the respondent in the town of Munford, in Talladega county, Alabama. The bill alleged the dedication of the road in controversy and that it had been used as a public street and had been accepted by the public. A temporary injunction was granted upon the…
1Opinion of the CourtTyson, J.
— The bill in this case was filed by appellant to enjoin the appellee from enclosing by means of fences and gates, a street or public highway between their respective lots. The bill alleges a dedication to public use of this highway by the husband of respondent and its general use by the traveling public as a street or road.
It appears from the answer that the respondent as the widow of her husband is and has been in possession of the house and lot occupied by him at the date of his death in 1892 as a homestead, set apart to her by the probate court of Talladega county. That in 1872 her…
2Cases cited5 opinions
- Steele v. SullivanSupreme Court of Alabama · 1881
- Douglass v. City CouncilSupreme Court of Alabama · 1897
- Harper v. StateSupreme Court of Alabama · 1895
- Forney v. Calhoun CountySupreme Court of Alabama · 1887
- Harn v. Common CouncilSupreme Court of Alabama · 1893
3Cited by6 opinions
- Smith v. City of DothanSupreme Court of Alabama · 1924
- Cabbell v. WilliamsSupreme Court of Alabama · 1899
- Gosdin v. WilliamsSupreme Court of Alabama · 1907
- Trammell v. BradfordSupreme Court of Alabama · 1916
- City of West End v. EavesSupreme Court of Alabama · 1907
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