Cleveland v. Alba
Supreme Court of Alabama
Bill to Enjoin Taking of Oysters. Appeal from Mobile Chancery Court. Heard, before Hon. Thomas H. Smith. Bill by Peter F. Alba against Jolm O. Cleveland and wife to enjoin the taking of oysters ont of a bed fronting complainant’s land. From a decree overruling demurrers to the bill, and refusing to dismiss the bill for want of equity, defendants appeal.
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Bill to Enjoin Taking of Oysters. Appeal from Mobile Chancery Court. Heard, before Hon. Thomas H. Smith. Bill by Peter F. Alba against Jolm O. Cleveland and wife to enjoin the taking of oysters ont of a bed fronting complainant’s land. From a decree overruling demurrers to the bill, and refusing to dismiss the bill for want of equity, defendants appeal. The bill alleges that complainant is the owner and in peaceable and adverse possession of a tract of land therein described, under deeds made containing covenants of warranty and for quiet enjoyment, together with oyster and riparian rights,…
1Opinion of the CourtAnderson, J.
So much of section 3155 of the Civil Code of 1896 as is essential to a discussion of the question involved is as follows: “The owners of land fronting on any bay, river, bayou, or creek within this state, are granted the right to plant oysters, and gather the same, in the waters in front of their land to the distance of six hundred yards from the store; but where the distance from shore to shore is less than twelve hundred yards, the owners on either shore may plant and gather to a line equidistant between the two shores, but no person shall plant in any natural channel so as to interfere…
2Cases cited2 opinions
- Jones v. OemlerSupreme Court of Georgia · 1900
- State v. HarrubSupreme Court of Alabama · 1891
3Cited by9 opinions
- Futvoye v. ChuitesSupreme Court of Alabama · 1932
- Hood v. MurphySupreme Court of Alabama · 1936
- Eatman v. NuckolsSupreme Court of Alabama · 1949
- Sloss-Sheffield Steel & Iron Co. v. TaylorAlabama Court of Appeals · 1917
- Minor v. ThomassonSupreme Court of Alabama · 1938
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