Long v. Commissioners' Court
Supreme Court of Alabama
Error to the Circuit Court of Butler. Tried before the Hon. Nathan Cook. This case was commenced by a petition from sundry citizens of Butler county to the Commissioners Court for the establishment of a private road running through the lands of the plaintiff in error.
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Error to the Circuit Court of Butler. Tried before the Hon. Nathan Cook. This case was commenced by a petition from sundry citizens of Butler county to the Commissioners Court for the establishment of a private road running through the lands of the plaintiff in error. The petition states that the road, which the petitioners wished established, had for a long time previously been used as a mill road by the settlement and bad been ob-' structed by the plaintiff in error running a fence across it for the purpose of taking in a woods pasture, &c. The petition was filed on the 29tb January 1849,…
1Opinion of the CourtChilton, J.
The act of 1832, Clay’s Dig. 506, § 1, provides that “it shall be lawful for the courts of roads and revenue in each county, on the application of any one’or more persons, to grant and establish private roads, not exceeding fifteen feet wide, provided, that they shall not be opened through any person’s plantation, and provided always, that the person or persons petitioning shall be bound to open and keep s.uch roads in repair, and shall pay to the owner of the said land, over which said roads may run, all damages that may be assessed against the petitioner or petitioners, for the benefit of…
2Cases cited1 opinion
- Commissioners of Roads & Revenue v. ThompsonSupreme Court of Alabama · 1848
3Cited by9 opinions
- Sadler v. LanghamSupreme Court of Alabama · 1859
- Steele v. County CommissionersSupreme Court of Alabama · 1887
- Comm'rs' Count of Lowndes Co. v. BowieSupreme Court of Alabama · 1859
- Molett v. KeenanSupreme Court of Alabama · 1853
- Bowden v. StateAlabama Court of Appeals · 1923
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