Ward v. Neal
Supreme Court of Alabama
.Appeal from the Circuit Court of Madison. .Tried.before.the Hon. S. D. Hale. This case was before this court, at its January term, 1860, on appeal from the judgment of the circuit court sustaining a demurrer to the complaint; and the judgment of the circuit court was Jthen reversed, and the cause remanded. — .See 35 Ala. 602. The action .was brought by Joseph Ward, against George W. Neal, to.recover damages for an obstruction of the plaintiff’s ancient Windows ; and a.…
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.Appeal from the Circuit Court of Madison. .Tried.before.the Hon. S. D. Hale. This case was before this court, at its January term, 1860, on appeal from the judgment of the circuit court sustaining a demurrer to the complaint; and the judgment of the circuit court was Jthen reversed, and the cause remanded. — .See 35 Ala. 602. The action .was brought by Joseph Ward, against George W. Neal, to.recover damages for an obstruction of the plaintiff’s ancient Windows ; and a. trial was had, after the reversal, on the plea of not guilty, and the following agreed facts-: “Plaintiff'has title to, and…
1Opinion of the CourtStone, J.
The present suit is for obstructing ancient lights ; and the plaintiff .-founds his right of recovery, not upon grant, but upen-, his>- uninterrupted user of the easement for a period which would bar a recovery in ejectment against a trespasser. He makes-no other proof than uninterrupted enjoyment.- Will this,-without more, ripen into a title by prescription ? Under the English decisions, it would ; but, in the’ American States, .the English doctrine has-not been adopted, save by a few of the States.
Speaking of the English doctrine-, the supreme court of New .York, in Parker v. Foote, (19…
2Cases cited6 opinions
- Parker & Edgarton v. FooteNew York Supreme Court · 1838
- Cherry v. SteinCourt of Appeals of Maryland · 1858
- Stein v. BurdenSupreme Court of Alabama · 1854
- Ingraham v. HutchinsonSupreme Court of Connecticut · 1818
- Morrell v. QuarlesSupreme Court of Alabama · 1860
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- Norton v. RandolphSupreme Court of Alabama · 1912
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