Lide v. Hadley
Supreme Court of Alabama
A_ppeai, from the Chancery Court of Sumter. Heard before the IIon. Wade Keyes. The bill iu this case was filed by John L. Hadiey, against Hugh S. Lide, for the purpose of establishing the complainant’s right of way over and across certain lands owned by the defendant, having the track of the waylaid off under the order and direction of the court, quieting the title thereto, and enjoining the defendant from disturbing or interfering with it; and it also contained a prayer for…
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A_ppeai, from the Chancery Court of Sumter. Heard before the IIon. Wade Keyes. The bill iu this case was filed by John L. Hadiey, against Hugh S. Lide, for the purpose of establishing the complainant’s right of way over and across certain lands owned by the defendant, having the track of the waylaid off under the order and direction of the court, quieting the title thereto, and enjoining the defendant from disturbing or interfering with it; and it also contained a prayer for an account of the damages sustained by complainant from the defendant’s unlawful disturbance of his right of way, and…
1Opinion of the CourtR. W. Walker, J.
The will of William Godfrey contained an express grant to Mrs. Underwood of a right of way from the public road to the laud devised to her, over the intermediate land of the testator. This right was appurtenant to the land devised, and not a right in gross; and passed by a conveyance of the land to the alienee, without express mention of the appurtenances. — Coke’s Litt. 121 (b.); Smiles v. Hastings, 24 Barb. 44, 48; Underwood v. Carney, 1 Cushing, 285, 290; Trustees v. Cowen, 4 Paige, 510, 514; Pitkin v. L. I. R. R. Co., 2 Barb. Ch. R. 231; Williams on Real Prop. 269; 2 Hilliard on Real…
2Cases cited11 opinions
- Boyce's Executors v. GrundySupreme Court of the United States · 1830
- Trustees of Watertown v. Cowen & BaggNew York Court of Chancery · 1834
- Hills v. MillerNew York Court of Chancery · 1831
- Collins v. PrenticeSupreme Court of Connecticut · 1842
- Pierce v. SelleckSupreme Court of Connecticut · 1847
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3Cited by18 opinions
- Smith v. WornCalifornia Supreme Court · 1892
- Sellers v. ValenzuelaSupreme Court of Alabama · 1947
- Stovall v. Coggins Granite Co.Supreme Court of Georgia · 1902
- City of Chicago v. BordenIllinois Supreme Court · 1901
- South & North Ala. R. R. v. Highland Av. & Belt R. R.Supreme Court of Alabama · 1893
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