Alabama Power Co. v. Martin

This case arose out of a dispute between Alabama Power Company and James Martin regarding the existence of a flood easement on Martin's property. This property is fronted by the Coosa River and is located in Riverside, a community outside Pell City.

In April of 1963, Martin's predecessors in title, the Kilgores, entered into a land contract with Alabama Power Company through its agent, Walter Smith. This contract granted in fee to the Power Company all their land "which would be covered with or which either alone or together with other lands would be entirely surrounded by waters of the Coosa…