Legal Opinion

Still v. Lovelady

Supreme Court of Alabama

Decided June 14, 1928No. 6 Div. 7PublishedCited by 19 opinions

1Opinion of the CourtBouldin, J.

The bill is to. enjoin the obstruction of an alleged public road. Whether the roadway in question is a public highway by dedication or prescription is the issue presented by this appeal.

In Locklin v. Tucker, 208 Ala. 155, 93 So. 896, it was declared:

“When the evidence shows an uninterrupted user by the general public of a roadway over reclaimed lands, for a period of 20 years or more, and there is nothing in the evidence to contradict the presumption .of a dedication by the owner', such a presumption will be indulged from the fact of such user alone. This is the rule plainly deducible from…

2Cases cited10 opinions

  1. Rosser v. Bunn & TimberlakeSupreme Court of Alabama · 1880
  2. Locklin v. TuckerSupreme Court of Alabama · 1922
  3. Hoole v. Attorney GeneralSupreme Court of Alabama · 1853
  4. Central of Georgia Ry. Co. v. FaulknerSupreme Court of Alabama · 1927
  5. Harvey v. WarrenSupreme Court of Alabama · 1925

5 more not listed; retrieve them via the Exa API.

3Cited by19 opinions

  1. Birmingham Trust & Savings Co. v. MasonSupreme Court of Alabama · 1930
  2. Ayers v. StidhamSupreme Court of Alabama · 1954
  3. Scruggs v. BeasonSupreme Court of Alabama · 1945
  4. Hall v. PolkSupreme Court of Alabama · 1978
  5. Smith v. SmithSupreme Court of Alabama · 1985

14 more not listed; retrieve them via the Exa API.

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