Owen v. Jordan
Supreme Court of Alabama
Appeal from the Court of Probate of Lowndes. Robeut E. Owen, the appellant, filed his petition in tho Probate Court of Lowndes, alleging that he was tho owner of certain lands in said county, through which Blue creek flowed; that said creek was not a navigable stream ; that a mill had been erectod on said creek, and a dam constructed across it over seven feet high, but the water did not rise moro than seven feet before it flowed off through a “ waste-way” erected for that…
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Appeal from the Court of Probate of Lowndes. Robeut E. Owen, the appellant, filed his petition in tho Probate Court of Lowndes, alleging that he was tho owner of certain lands in said county, through which Blue creek flowed; that said creek was not a navigable stream ; that a mill had been erectod on said creek, and a dam constructed across it over seven feet high, but the water did not rise moro than seven feet before it flowed off through a “ waste-way” erected for that purpose ; that he was the owner in fee simple of the land on both sides of said creek opposite said mill and dam, and was…
1Opinion of the CourtChilton, C. J.
In proceedings of this character, where a special and limited jurisdiction is conferred, either upon an individual, or upon a court, it must affirmatively appear that the requisitions of the statute have been complied with. A number of decisions, recently made by this court, and which arc too familiar to require citation, fully establish this proposition.
In this case, the court very properly quashed the return made by the sheriff of the finding of the jury, because it was defective,- — -1st, in not showing that the jury were sworn by the sheriff, or his deputy, to discharge their duties…
2Cases cited1 opinion
- Burden v. SteinSupreme Court of Alabama · 1854
3Cited by7 opinions
- Wyatt's Adm'r v. RamboSupreme Court of Alabama · 1857
- McAllilley v. HortonSupreme Court of Alabama · 1883
- Jefferson County v. Berkshire Development Corp.Supreme Court of Alabama · 1964
- Martin v. RushtonSupreme Court of Alabama · 1868
- Bottoms & Powell v. Brewer & BrewerSupreme Court of Alabama · 1875
2 more not listed; retrieve them via the Exa API.