Caples v. Young
Supreme Court of Alabama
Appeal from Circuit Court, Dallas County; S. F. Hobbs, Judge. Bill by Anna Young and another against J. D. Capíes and others, to enjoin trespass to land and growing crops, by building a road thereon. From a decree granting relief, respondents appeal. The bill is without equity, and will not support an injunction. 204 Ala. 691, 87 South-81; 147 Ala. 280, 41 South. 832; 35 Ala. 601; 51 Ala. 434; 32 Fla. 344, 14 South. 4, 22 L. R„ A. 233, 37 Am.
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Appeal from Circuit Court, Dallas County; S. F. Hobbs, Judge. Bill by Anna Young and another against J. D. Capíes and others, to enjoin trespass to land and growing crops, by building a road thereon. From a decree granting relief, respondents appeal. The bill is without equity, and will not support an injunction. 204 Ala. 691, 87 South-81; 147 Ala. 280, 41 South. 832; 35 Ala. 601; 51 Ala. 434; 32 Fla. 344, 14 South. 4, 22 L. R„ A. 233, 37 Am. St. Rep. 101. The court will consider the bill, answer, and affidavits, but not the oral proof. Section 4535, Code 1907; 173 Ala. 14, 55 South. 301; 60…
1Opinion of the CourtGardner, J.
Appellees conveyed to appellants by deed duly executed all the merchantable timber of specified dimensions with certain exceptions not necessary to mention situated upon the lands particularly described therein and occupied by the appellees as a home. Definite time was provided in the con tract for the cutting and removal of the timber, at the expiration of which it was provided that the timber should revert and become the absolute property of the appellees. The right was also granted to the purchasers to build suitable houses and sheds on the land necessary to cover and maintain all…
2Cases cited3 opinions
- Nelson v. HammondsSupreme Court of Alabama · 1911
- Pilcher v. SurlesSupreme Court of Alabama · 1919
- Dozier v. Vizard Inv. Co.Supreme Court of Alabama · 1919
3Cited by49 opinions
- Peterson v. StateSupreme Court of Alabama · 1933
- Clark v. WhitfieldSupreme Court of Alabama · 1925
- Mosely v. KennedySupreme Court of Alabama · 1944
- Taylor v. HoffmanSupreme Court of Alabama · 1935
- Bonds v. BondsSupreme Court of Alabama · 1937
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