Roy v. Henderson
Supreme Court of Alabama
Appeal from Montgomery Chancery Court. Heard before Hon. W. L. Parks. The opinion states the facts. cited Youngblood v. Youngblood, 54 Ala. 486; Eennon v. Wright, 70 Ala. 434; Phelps v. Elliott, 35 Fed. Rep. 455; Boone v. Ghilds, 10 Pet. 177; Gameal v. Banks, 10 Wheat. 181; 1 Beach on Mod. Eq. Prac., § 100; 2 Beach on Mod. Eq. Prac., § 790. cited Harrell v. Ellsworth, 17 Ala. 576; Mayor, etc., v. Rodgers, 10 Ala. 48.
1Opinion of the CourtDowdell, J.
— The present controversy relates to a ferry franchise and ferry with its equipment and appurtenances situated within the police jurisdiction of the city of Montgomery. The cause was heard on the pleadings and proof upon submission for final decree, and from the decree rendered in favor of the complainants the present appeal is prosecuted by respondent, Roy.
The franchise is of direct legislative grant to one Hugh Stewart by special act of the legislature approved February 18, 1897. According to the averments of the bill, the complainants'are tenants in common or joint owners, claiming an…
2Cited by2 opinions
- Salmon v. SalmonSupreme Court of Alabama · 1913
- Wolcott v. National Electric Signaling Co.District Court, D. Massachusetts · 1915