McMahon v. Williams
Supreme Court of Alabama
Appeal from the Chancery Court of Sumter. Heard before the Hon. Thos. Cobbs. The bill in this case was filed on the 20th December, 1883, by David H. Williams, against A. W. McMahon and John Éogers; and sought, principally, to enjoin the erection and use by the defendants of a ware-house and landing on certain premises owned and occupied by them, and to establish the complainant in the exclusive right to such ware-house and landing privileges,. The premises owned by each of…
Read the full summary
Appeal from the Chancery Court of Sumter. Heard before the Hon. Thos. Cobbs. The bill in this case was filed on the 20th December, 1883, by David H. Williams, against A. W. McMahon and John Éogers; and sought, principally, to enjoin the erection and use by the defendants of a ware-house and landing on certain premises owned and occupied by them, and to establish the complainant in the exclusive right to such ware-house and landing privileges,. The premises owned by each of the parties, which fronted on the river in the town of Gainesville, belonged in 1836 to Moses Lewis; and the part owned…
1Opinion of the CourtSomeryille, J.
The bill is one in the nature of specific performance, filed for the establishment and enforcement of an easement alleged to have been created in certain premises owned by the defendant McMahon, and leased by him to the defendant Rogers, who is sought to be enjoined from the use ■ of the same in carrying on a general ware-house business.
In the year 1836, and prior thereto, one Moses Leiyis was the owner in fee of a parcel of land in the town of Gainesville, Alabama, on the Tombigbee river. In February of that year, he conveyed a portion of this land, described in the bill and known as the…
2Cases cited10 opinions
- Trustees of Columbia College v. LynchNew York Court of Appeals · 1877
- Davenport v. New England Mutual Fire InsuranceMassachusetts Supreme Judicial Court · 1850
- Peck v. ConwayMassachusetts Supreme Judicial Court · 1876
- Atlantic Dock Co. v. . LeavittNew York Court of Appeals · 1873
- Barrow v. RichardNew York Court of Chancery · 1840
5 more not listed; retrieve them via the Exa API.
3Cited by43 opinions
- Allen v. AxfordSupreme Court of Alabama · 1969
- Virgin v. GarrettSupreme Court of Alabama · 1936
- Laney v. EarlySupreme Court of Alabama · 1974
- Republic Steel Corporation v. PayneSupreme Court of Alabama · 1961
- Smith v. FurbishSupreme Court of New Hampshire · 1894
38 more not listed; retrieve them via the Exa API.