Graves v. Smith
Supreme Court of Alabama
Al'i’EAL from the Chancery Court of Jefferson. Heard before the Hon. Thomas Cobbs. cited Wood on Nuisances, §§ 226-82; House & Smith v. Martin & Flowers, 75 Ala. 510; Antomarchi v. Bussell, 63 Ala. 356; Partridge v. Gilbert, 15 N. Y. 601; Brooks v. Curtis, 50 N. Y. 639; Bay v. Lynes, 10 Ala. 63; St. James Church v. Arrington, 36 Ala. 546; Moody v. McClelland, 39 Ala. 45; Rosser v. Randolph, 7 Porter, 238; Ferguson v. Selma, 43 Ala. 398; Washb.
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Al'i’EAL from the Chancery Court of Jefferson. Heard before the Hon. Thomas Cobbs. cited Wood on Nuisances, §§ 226-82; House & Smith v. Martin & Flowers, 75 Ala. 510; Antomarchi v. Bussell, 63 Ala. 356; Partridge v. Gilbert, 15 N. Y. 601; Brooks v. Curtis, 50 N. Y. 639; Bay v. Lynes, 10 Ala. 63; St. James Church v. Arrington, 36 Ala. 546; Moody v. McClelland, 39 Ala. 45; Rosser v. Randolph, 7 Porter, 238; Ferguson v. Selma, 43 Ala. 398; Washb. Easements, 621-25; Platt v. Eggleston, 20 Ohio St. 414; State v. Mayor of Mobile, 5 Porter, 279; 1 High on Inj. §§ 739, 788; 2 Story’s Equily, § 925;…
1Opinion of the CourtSomerville, J.
The bill was filed by the appellee, Smith, to enjoin the appellants from raising the height of a party-wall, with windows and openings constructed in it, so as to impair it as a dead or solid wall. The wall was two stories high, and eighteen inches thick, being so constructed as to occupy nine inches of each of the adjoining lots of the complainant and the defendant Graves, respectively, the former holding under one Wright by purchase. It was agreed in writing between Graves and Wright — and it is not denied that this covenant so runs with the land as to bind Smith — “that the said wall is,…
2Cases cited6 opinions
- Brooks v. . CurtisNew York Court of Appeals · 1873
- Dauenhauer v. DevineTexas Supreme Court · 1879
- Ulbricht v. Eufaula Water Co.Supreme Court of Alabama · 1888
- Bloch v. IshamIndiana Supreme Court · 1867
- Sullivan v. GraffortSupreme Court of Iowa · 1872
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3Cited by16 opinions
- Louis Pizitz Dry Goods Co. v. PenneySupreme Court of Alabama · 1941
- Coggins Owens v. CareyCourt of Appeals of Maryland · 1907
- Holden v. TidwellSupreme Court of Oklahoma · 1913
- Normille v. GillMassachusetts Supreme Judicial Court · 1893
- Springer v. DarlingtonIllinois Supreme Court · 1904
11 more not listed; retrieve them via the Exa API.