City of Montgomery v. Maull

The City of Montgomery filed suit for a preliminary injunction against defendants James Maull and Estella Maull seeking to enjoin them from denying the City access to and use of an easement for the installation of a sanitary sewer line. The City claimed an easement by virtue of a deed from the Maulls which described the easement as follows:

"The south 5 feet of Lot 11, Block B, according to the George F. Moore Plat, as the same is filed for record in the office of the Judge of Probate, Montgomery County, Alabama, in Garrett Plat Book, Page 163." [Emphasis added.]

The Maulls claimed that at the…