Gates v. M'Daniel
Supreme Court of Alabama
This was a suit in equity, tried on bill and answer in the Circuit Court of Covington county, at October term, 1827. Samuel Gates had filed his bill in March 1827, charging, that before the sale of the public lands at that place by the United States, Thomas M‘Daniel had established a ferry on the Conecuh river, below the falls, in Covington •county.
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This was a suit in equity, tried on bill and answer in the Circuit Court of Covington county, at October term, 1827. Samuel Gates had filed his bill in March 1827, charging, that before the sale of the public lands at that place by the United States, Thomas M‘Daniel had established a ferry on the Conecuh river, below the falls, in Covington •county. That when the land was sold by the government, it was purchased by several persons jointly, among whom were the complainant and defendants. That after the purchase, the owners applied to the County Court of Covington county, and obtained an order…
1Opinion of the Court
By JUDGE TAYLOR.
The statute of 1820, section 17 provides, “that no public ferry shall be established within less than two miles by water, of any ferry already .established, unless on any river at or within two miles of ;iny town.” And hy the, 20th section, of that act, it h-*213declared, “that if any person or persons shall establish a public ferry or a public road, toll-bridge, or causeway, contrary to the provisions of this act, he or they shall forfeit and pay five hundred dollars” &c. The meaning of this last section clearly is, if a toll-bridge &c. should be established without an order of…
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