City of Mobile v. Fowler
Supreme Court of Alabama
Appeal from Mobile Chancery Court. Heard before Hon. Thomas W. Smith. This was a bill filed by the city of Mobile to enjoin respondents from- obstructing the western end of Georgia avenue and to require them to immediately remove any obstructions therein placed.
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Appeal from Mobile Chancery Court. Heard before Hon. Thomas W. Smith. This was a bill filed by the city of Mobile to enjoin respondents from- obstructing the western end of Georgia avenue and to require them to immediately remove any obstructions therein placed. The- second paragraph of the bill alleges that one Sage O. Butler in 1845, being then the owner of the land covered by said avenue, by deed dedicated the said avenue as a street 60 feet wide extending from Dauphin street, to Old Shell Road. Here follows a description of several deeds made by Butler to various parties. These deeds…
1Opinion of the CourtAnderson, J.
The bill in this case'can only be maintained upon the theory that the respondents are ■wrongfully closing or obstructing complainant’s highway. The question therefore arises: Was the strip in controversy a public highway or a part thereof, when inclosed by’ the respondents? In order for the-complainant to obtain relief, it is incumbent upon it to show that there was a dedication of this strip by the owner and an. acceptance. Acceptance of the dedication may be either by a formal acceptance by the municipal or other authorities or may be inferred by long public use. -So, too, would the-…
2Cases cited7 opinions
- Alton v. MeeuwenbergMichigan Supreme Court · 1896
- Evans v. Savannah & Western Railway Co.Supreme Court of Alabama · 1890
- Reed v. Mayor of BirminghamSupreme Court of Alabama · 1890
- Grady v. RobinsonSupreme Court of Alabama · 1856
- Moog v. BarrowSupreme Court of Alabama · 1893
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3Cited by9 opinions
- Boise City v. HonIdaho Supreme Court · 1908
- Crw, Inc. v. Twin Lakes Property Owners Asso., Inc.Supreme Court of Alabama · 1988
- Ivey v. City of BirminghamSupreme Court of Alabama · 1914
- Compton v. ComptonSupreme Court of Alabama · 1937
- Revard v. HuntSupreme Court of Oklahoma · 1911
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