Long v. Gill
Supreme Court of Alabama
Appeal from the City Court of Selma. Heard before Hon. Jon. Haralson. The bill in this case was filed in the City Court of Selma, sitting in equity, by Herman Long, against William B. Gill, and prayed an injunction against the continuance of an alleged obstruction by said Gill, of a' certain right of way belonging to complainant, and sought the removal of said obstruction, a small brick building, erected by defendant in said right of way.
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Appeal from the City Court of Selma. Heard before Hon. Jon. Haralson. The bill in this case was filed in the City Court of Selma, sitting in equity, by Herman Long, against William B. Gill, and prayed an injunction against the continuance of an alleged obstruction by said Gill, of a' certain right of way belonging to complainant, and sought the removal of said obstruction, a small brick building, erected by defendant in said right of way. The bill averred that on the 6th of January, 1871, complainant purchased from Geo. L. Watson and Winslow P. Becker, a certain lot and store-house in the…
1Opinion of the CourtClopton, J.
The claim of complainant depends on grant; and by its construction the nature and extent of the easement have to be inferred. The deed, under which he derives title, conveys “ the right of way over the following lot or parcel of land, to-wit:” following which is a description, by metes and distances, of an open space of land, immediately in rear of the store, then owned and occupied as a clothing store by the grantees, and now owned by the complainant. The description was not intended to define the limits of the right of way, but to designate the place, where it was to be reasonably enjoyed.…
2Cases cited4 opinions
- Wintersmith & Young v. Pointer & ConwayCourt of Appeals of Kentucky · 1859
- Bakeman v. . TalbotNew York Court of Appeals · 1865
- Western Union Telegraph Co. v. JudkinsSupreme Court of Alabama · 1883
- Hawes v. BrownSupreme Court of Alabama · 1883
3Cited by15 opinions
- Alban v. R. K. Co.Ohio Supreme Court · 1968
- Dozier v. Troy Drive-In-Theatres, Inc.Supreme Court of Alabama · 1956
- Ellard v. GoodallSupreme Court of Alabama · 1919
- Alabama Central Railroad v. LongSupreme Court of Alabama · 1909
- Alabama Corn Mills Co. v. Mobile Docks Co.Supreme Court of Alabama · 1917
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