Barker v. Mobile Electric Co.
Supreme Court of Alabama
Appeal, from Mobile Chancery Court. Heard before Hon. Thos. H. Smith. Bill by Prelate D. Barker and another against the Mobile Electric Company to declare an easement in an alley, and to enjoin its obstructions. From a decree for respondents, complainants appeal.
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Appeal, from Mobile Chancery Court. Heard before Hon. Thos. H. Smith. Bill by Prelate D. Barker and another against the Mobile Electric Company to declare an easement in an alley, and to enjoin its obstructions. From a decree for respondents, complainants appeal. In construing descriptions of boundaries, monuments, whether natural or artificial, dominate courses and distances. — Crumpton v. Prince, 83 Ala. 250; Pearson v. Heard, 135 Ala, 348. The legal presumption is that the owner on an alley owns the soil to the center thereof and this presumption places the burden on complainant of proving…
1Opinion of the CourtSayre, J.
Complainants seek an injunction for the protection of an alleged right of way over and through an alley at one time in use between their property and that of the defendant. By its cross-bill the defendant claims to own the soil of the alley in fee, unincumbered by any servitude, and would have the court make a quietus of complainants’ claim of right. For many years the alley in question opened into Royal street, between St. Anthony and St. Louis streets, in *32the city of Mobile. The square from which it issued had a front on the west side of Royal street of 242 feet, some inches more or less.…
2Cases cited11 opinions
- Daniel Boardman and Others, in Error v. The Lessees of Reed and Ford, M'call and Others, in ErrorSupreme Court of the United States · 1832
- Haberman v. . BakerNew York Court of Appeals · 1891
- In re RobbinsSupreme Court of Minnesota · 1885
- Trump v. McDonnellSupreme Court of Alabama · 1898
- Louisville & Nashville Railroad v. PhilyawSupreme Court of Alabama · 1889
6 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Smith v. BachusSupreme Court of Alabama · 1915
- Drummond v. FranckSupreme Court of Alabama · 1949
- Spires v. NixSupreme Court of Alabama · 1952
- State Ex Rel. Davis v. MeaherSupreme Court of Alabama · 1925
- Dossett v. StateAlabama Court of Appeals · 1923
6 more not listed; retrieve them via the Exa API.