McCulloch v. Roberts

JONES, Justice.

Appellants, Robert McCulloch and his wife, Edith, initiated this litigation April 23, 1970, by filing a Bill to Quiet Title in the Circuit Court of Jefferson County, Alabama, in equity, claiming that the appellees, James Roberts and wife, Katrina (hereinafter referred to in the singular as Roberts), had no right to cross their (McCullochs’) property to use the Cahaba River.

On January 20, 1972, George I. Case, Jr., Special Judge, rendered a final decree finding that Roberts was entitled to cross the McCullochs’ land to use the Cahaba River and that the McCullochs’ land was…