Sharpe v. Marcus
Supreme Court of Alabama
" Appeal from the City Court of Montgomery, in Equity. Heard before the Hon. A. D. Sayre. The bill in this case was filed by the appellant, Susan E. Sharpe, against the appellee, Johanna Marcus. The purpose of the bill and the facts of the case are sufficiently stated in the opinion. On the final submission of the cause on the pleadings and proof, the chancellor rendered a decree denying the .relief prayed for, and dismissing the bill.
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" Appeal from the City Court of Montgomery, in Equity. Heard before the Hon. A. D. Sayre. The bill in this case was filed by the appellant, Susan E. Sharpe, against the appellee, Johanna Marcus. The purpose of the bill and the facts of the case are sufficiently stated in the opinion. On the final submission of the cause on the pleadings and proof, the chancellor rendered a decree denying the .relief prayed for, and dismissing the bill. From this decree the complainant appeals, and assigns the rendition thereof as error. cited -Douse-v. Montgomery, 17 Mo. App. 170'; Field v. -Brown, 24 Gratt.…
1Opinion of the Court
HARALSON; J.-
An injunction is sought by complainant,- — who is appellant here, — on bill filed against Johanna Marcus; the appellee, to enjoin her against closing an alley-way between the premises of herself and the defendant. It is sought to be maintained on the theory of a prescriptive right to an easement, in that complainant. and those under whom she claims, have used and occupied the alley for over twenty year's as a necessary right of way to- the rear of her premises. The respondent filed answer denying the allegations of tire bill in so far as it claimed this right, and setting up that…
2Cited by6 opinions
- West v. WestSupreme Court of Alabama · 1949
- Birmingham Trust & Savings Co. v. MasonSupreme Court of Alabama · 1930
- Gaynor v. BauerSupreme Court of Alabama · 1905
- Brewer v. AvingerSupreme Court of Alabama · 1922
- Bazzell v. CainSupreme Court of Alabama · 1970
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