Hicks Bros. v. Swift Creek Mill Co.
Supreme Court of Alabama
Appeal from the Circuit Court of Autauga. Tried before the Hon. A. H. Alston. Appellants on tlie 7th day of September, 1900, instituted the present action of trespass in the circuit court of Autauga county, against the appellee, alleging that the plaintiffs being the owners of land which is known as “The Jim Nunn Creek Place,” defendant “constructed, and has since, without the consent of the plaintiffs, maintained on said lands, a ditch for the purpose of floating logs down…
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Appeal from the Circuit Court of Autauga. Tried before the Hon. A. H. Alston. Appellants on tlie 7th day of September, 1900, instituted the present action of trespass in the circuit court of Autauga county, against the appellee, alleging that the plaintiffs being the owners of land which is known as “The Jim Nunn Creek Place,” defendant “constructed, and has since, without the consent of the plaintiffs, maintained on said lands, a ditch for the purpose of floating logs down the same to Autaugaville to the mill of the defendant; that in constructing the said ditch, and to provide a supply of…
1Opinion of the CourtTyson, J.
Practically hut a single question is presented for our consideration and determination. It is whether the defendant, who is sued for a trespass upon the plaintiffs’ lands, acquired an irrevocable license from the plaintiffs’ grantor to use and maintain a ditch and. dam for the purpose of floating logs. The facts, out of which this question arose, are undisputed and are these: One Smith, being the owner of the lands, in 1896 gave verbal permission to the defendant to construct and operate the ditch and dam upon them, Avhich was done by it at great cost. In August, 1899, the plaintiffs became…
2Cases cited22 opinions
- Wilkinson v. SearcySupreme Court of Alabama · 1884
- Rhodes v. OtisSupreme Court of Alabama · 1859
- Collins v. JohnsonSupreme Court of Alabama · 1876
- Heflin v. BinghamSupreme Court of Alabama · 1876
- Chambers v. Alabama Iron Co.Supreme Court of Alabama · 1880
17 more not listed; retrieve them via the Exa API.
3Cited by36 opinions
- Camp v. MilamSupreme Court of Alabama · 1973
- Turner v. City of MobileSupreme Court of Alabama · 1902
- Foust v. KinneySupreme Court of Alabama · 1918
- Kelite Products, Inc., and R. C. Martin v. Alvin J. Binzel, Jr., Trading as Kelite Products of AlabamaCourt of Appeals for the Fifth Circuit · 1955
- Milford v. Tenn. River Pulp & Paper Co.Supreme Court of Alabama · 1978
31 more not listed; retrieve them via the Exa API.