Trump v. McDonnell
Supreme Court of Alabama
Appeal from the Chancery Court of Madison. Heard before the Hon. ¥m. H. Simpson. The facts of the case are sufficiently stated in the opinion. The proper remedy to protect and establish aright of way is by bill in equity and injunction.
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Appeal from the Chancery Court of Madison. Heard before the Hon. ¥m. H. Simpson. The facts of the case are sufficiently stated in the opinion. The proper remedy to protect and establish aright of way is by bill in equity and injunction. Lide v. Hadley, 36 Ala. 635 ; Burden v. Stein, 27 Ala. 104 ; Wharton v. Hannon, 101 Ala. 554. Ten years adverse user of a right of way will give a right by prescription by analogy to the statute of limitation of ten years. — Richard v. Williams, 7 Wheaton (U. S.) 59 ; 19 Am. and Eng. Ency. Law, p. 11, note 2 ; Wright v. Moore, 38 Ala. 593; Nininger v.…
1Opinion of the CourtMcCLELLAN, J.
This bill is prosecuted by Trump against McDonnell, to enjoin the defendant from closing up a road leading from complainant’s premises across certain uninclosed woodland of the defendant into a public road, and to establish said road. The complainant’s alleged right to the relief prayed is rested upon three grounds in the bill of complaint, to-wit: First, that complainant and his predecessors in estate have been in the continuous adverse use of said road for a sufficient length of time to vest and confirm the right of continued user in the complainant; second, that the way is one of necessity…
2Cases cited4 opinions
- Rosser v. Bunn & TimberlakeSupreme Court of Alabama · 1880
- Steele v. SullivanSupreme Court of Alabama · 1881
- Gage & Co. v. Mobile & Ohio R. R.Supreme Court of Alabama · 1887
- Sultzner v. StateSupreme Court of Alabama · 1869
3Cited by38 opinions
- West v. WestSupreme Court of Alabama · 1949
- Birmingham Trust & Savings Co. v. MasonSupreme Court of Alabama · 1930
- Locklin v. TuckerSupreme Court of Alabama · 1922
- Crawford v. TuckerSupreme Court of Alabama · 1952
- Helms v. TullisSupreme Court of Alabama · 1981
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