Overton v. Moseley
Supreme Court of Alabama
Appeal from the ’Chancery Court of Madison. Heard before the Hon. W. H. Simpson. This was a hill in equity filed by Daniel A. Moseley against David D. Overton and others, to enjoin the defendants from obstructing a ditch extending from complainant’s land on to the land of the defendants, through which ditch complainant claimed the right to drain off the water from his land.
Read the full summary
Appeal from the ’Chancery Court of Madison. Heard before the Hon. W. H. Simpson. This was a hill in equity filed by Daniel A. Moseley against David D. Overton and others, to enjoin the defendants from obstructing a ditch extending from complainant’s land on to the land of the defendants, through which ditch complainant claimed the right to drain off the water from his land. The bill alleged that complainant was in possession of the sixty-acre tract and the forty-acre tract described in the opinion, and had been in the exclusive, open, notorious and adverse possession of said real estate for…
1Opinion of the CourtSharpe, J.
It is in order to first consider whether the deed from Shelby, trustee, to Matthew M. Cowley conveyed an easement for drainage over the strip of land therein mentioned or the corpus of that strip. The deed begins with recitals of how the “land” about to be conveyed became vested in the grantor as trustee of a public sale of that “land” and of Cowley’s purchase thereat'of “sixty acres of the north part of the southwest and.forty acres off the south side of the northwest quarter section 19, Township 1, Range 1, east, containing one hundred acres, more or less, and also a strip of land in the…
2Cases cited15 opinions
- McMahon v. WilliamsSupreme Court of Alabama · 1885
- Cockrell v. GurleySupreme Court of Alabama · 1855
- Vail v. . Long Island R.R. Co.New York Court of Appeals · 1887
- Robinson v. Missisquoi R. R.Supreme Court of Vermont · 1887
- Webb v. RobbinsSupreme Court of Alabama · 1884
10 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Manchuria S. S. Co. v. Harry G. G. Donald & Co.Supreme Court of Alabama · 1917
- Heflin v. HeflinSupreme Court of Alabama · 1922
- Powell v. LabrySupreme Court of Alabama · 1923
- Wood v. BarnettSupreme Court of Alabama · 1922
- Frederick v. HartleySupreme Court of Alabama · 1918
10 more not listed; retrieve them via the Exa API.