Warren v. Sims
Supreme Court of Alabama
Appeal from Circuit Court, Cullman County ; Robert C. Brickell, Judge. Bill by W. R. Warren against J. F. Sims and others. From a decree dismissing the bill, the complainant appeals. The road was dedicated to the public. Ill Ala. 135, 18 South. 565, 56 Am.
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Appeal from Circuit Court, Cullman County ; Robert C. Brickell, Judge. Bill by W. R. Warren against J. F. Sims and others. From a decree dismissing the bill, the complainant appeals. The road was dedicated to the public. Ill Ala. 135, 18 South. 565, 56 Am. St. Rep. 26; 84 Ala. 215, 4 South. 153 ; 70 Ala. 589. Formal acts of acceptance are not necessary. 122 Ala. 179, 27 South. 303; 198 Ala. 513, 73 South. 894; 186 Ala. 140, 65 South. 170. A highway becomes public when used by the public for that purpose for 20 years. 198 Ala. 513, 73 South. 894; 109 Ala. 66, 19 South. 901; 129 Ala. 170, 29…
1Opinion of the CourtSayre, J.
[1-3] By his bill in this cause complainant, appellant here, sought to enjoin defendants from obstructing an alleged public road. Aside from the difficulty which has arisen by reason of the fact that complainant failed to join in the note of submission made after his substitute bill had been filed and answered, we do not find that complainant is entitled to relief. Certainly there has been no formal dedication of this road to the public use, nor has there ever been any official dealing with it as a public road. An intention-to dedicate may be inferred (Trammell v. Bradford, 198 Ala. 513, 73…
2Cases cited4 opinions
- Steele v. SullivanSupreme Court of Alabama · 1881
- Attorney General v. Lakeview Land Co.Supreme Court of Alabama · 1904
- Trammell v. BradfordSupreme Court of Alabama · 1916
- Robertson v. Puffer Mfg. Co.Mississippi Supreme Court · 1916
3Cited by1 opinion
- Kinney v. GlennAlabama Court of Appeals · 1940