Stouts Mountain Coal & Coke Co. v. Ballard
Supreme Court of Alabama
Appeal from Cullman Circuit Court. Heard before Hon. D. W. Speake. Action by J. J. Ballard against the Stouts Mountain Coal & Coke Company. Judgment for plaintiff, and defendant appeals.
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Appeal from Cullman Circuit Court. Heard before Hon. D. W. Speake. Action by J. J. Ballard against the Stouts Mountain Coal & Coke Company. Judgment for plaintiff, and defendant appeals. Transferred from the Court of Appeals under section 6, p. 440, Acts 1911. There were four counts in the complaint, to which defendant filed the plea of the general issue, and the special pleas 2, 3, 4, and A and B, and pleas 3 and 4 were then amended, and on motion were stricken as to the amendment, and issue was joined on pleas 1 and 2. In its complaint plaintiff alleges that for many years he has been…
1Opinion of the Court
ANDERSON, C. J.,(1) There was no error in overruling the defendant’s demurrer to the complaint. It showed but one *287continuous wrong, as distinguished from separate and distinct overflows.
“It is the established doctrine that the exclusive enjoyment of water, or any other easement, in a particular way, for a length of time which is the period of the statute of limitation, enjoyed without interruption, is sufficient to raise a presumption of title as against the right of any other person which might have been, but was not, asserted.” — Ala. Consolidated Co. v. Turner, 145 Ala. 639, 39 South. 603,…
2Cases cited5 opinions
- Reed v. Mayor of BirminghamSupreme Court of Alabama · 1890
- Alabama Consolidated Coal & Iron Co. v. TurnerSupreme Court of Alabama · 1906
- Mayor of Birmingham v. LandSupreme Court of Alabama · 1902
- Sloss-S. S. & I. Co. v. MorganSupreme Court of Alabama · 1913
- Crumbaugh v. Mobile & Ohio RailroadMississippi Supreme Court · 1913
3Cited by14 opinions
- Courtaulds Fibers, Inc. v. LongSupreme Court of Alabama · 2000
- Beam v. Birmingham Slag Co.Supreme Court of Alabama · 1942
- Jones v. Tennessee Coal, Iron R. Co.Supreme Court of Alabama · 1918
- Folmar Mercantile Co. v. Town of LuverneSupreme Court of Alabama · 1919
- Burge v. JEFFERSON COUNTY, ALA.Supreme Court of Alabama · 1982
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