Merchant v. Markham
Supreme Court of Alabama
• Appeal from Lamar Chancery Court. Heard before. Hon. W. H. Simpson. Bill by C. L. Merchant and others against R. L. Markham to remove an obstruction across a road claimed to be a public highway, and to enjoin the obstruction of the same. Decree for respondents and complainants appeal.
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• Appeal from Lamar Chancery Court. Heard before. Hon. W. H. Simpson. Bill by C. L. Merchant and others against R. L. Markham to remove an obstruction across a road claimed to be a public highway, and to enjoin the obstruction of the same. Decree for respondents and complainants appeal. The bill contained equity as an obstruction to the public highway was shown. — Boole v. Attorney General, 22 Ala. 190. The allegations were sufficient to show special injury to the complainant. — Gabbell v. Williams, 127 Ala, 820; First Nat. Banh v. Tyson, 133 Ala. 459. By a twenty years adverse user the…
1Opinion of the CourtSimpson, J.
This is a bill filed by the appellants against the appellee, to remove obstructions across a road claimed to be a highway, and to enjoin the respondent from obstructing the same. The principal point of controversy is whether or not the road in question is a public road. It has never been taken charge of by the county authorities, or worked by the forces under the overseer of roads. On the contrary, it is in evidence that at one time-an application was made to the commissioners’ court to open it as a public road, and the same was refused.
The evidence tends to show that, for 20 years or more,…
2Cases cited8 opinions
- Rosser v. Bunn & TimberlakeSupreme Court of Alabama · 1880
- Sprow v. Boston & Albany RailroadMassachusetts Supreme Judicial Court · 1895
- Trump v. McDonnellSupreme Court of Alabama · 1898
- Jones v. BrightSupreme Court of Alabama · 1903
- Harper v. StateSupreme Court of Alabama · 1895
3 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Locklin v. TuckerSupreme Court of Alabama · 1922
- Benson v. Pickens CountySupreme Court of Alabama · 1954
- Gore v. BlanchardSupreme Court of Vermont · 1922
- Atlantic Coast Line R. Co. v. KellyAlabama Court of Appeals · 1918
- Card v. CunninghamSupreme Court of Alabama · 1917
4 more not listed; retrieve them via the Exa API.