Highland Realty Co. v. Avondale Land Co.
Supreme Court of Alabama
Appeal from Jefferson Chancery Court. Heard before Hon. A. H. Benners. Bill by the Highland Realty Company against the Avondale Land Company, to have the attempted vacation of a plat declared null and void, and cancelled as constituting a cloud on complainant’s easement and right of way, to quiet complainant’s right as against the respondent, and to enjoin the respondent from interfering Avith and exercising any authority over said avenues, streets and alleys.
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Appeal from Jefferson Chancery Court. Heard before Hon. A. H. Benners. Bill by the Highland Realty Company against the Avondale Land Company, to have the attempted vacation of a plat declared null and void, and cancelled as constituting a cloud on complainant’s easement and right of way, to quiet complainant’s right as against the respondent, and to enjoin the respondent from interfering Avith and exercising any authority over said avenues, streets and alleys. Decree for defendant on demurrer and plaintiff appeals. The policy in. our state is to make a plat properly acknowledged and recorded…
1Opinion of the CourtSomerville, J.
The bill is filed by appellant, the Highland Realty Company, and shows, in support of its prayer for relief, the following material facts: On January 27, 1888, the respondent, the Avondale Land Company, owned a large tract of land near the city of Birmingham, Ala., and, for the purpose of establishing a town or city, on that day it had this land surveyed, mapped, and platted, and the map, duly certified, adopted, and acknowledged, filed for record in the probate office. This map shoAvs that the tract was laid off into a great number of streets, avenues, alleys, blocks, and lots in an…
2Cases cited20 opinions
- City of Indianapolis v. KingsburyIndiana Supreme Court · 1884
- Webb v. City of DemopolisSupreme Court of Alabama · 1891
- Shipman v. FurnissSupreme Court of Alabama · 1881
- Field v. BarlingIllinois Supreme Court · 1894
- People v. ReedCalifornia Supreme Court · 1889
15 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- Kelly v. CarmichaelSupreme Court of Alabama · 1928
- Thetford v. Town of CloverdaleSupreme Court of Alabama · 1927
- Chichester v. KromanSupreme Court of Alabama · 1930
- Smith v. Birmingham Realty Co.Supreme Court of Alabama · 1922
- City of Mobile v. ChapmanSupreme Court of Alabama · 1918
18 more not listed; retrieve them via the Exa API.