Cabbell v. Williams
Supreme Court of Alabama
Appeal from the Chancery Court of Hale. Heard before the Hon. Thomas H. Smith. The bill in this case was filed by the appellee, Polly Williams, against the appellant, Robert Cabbell, and sought to have the defendant enjoined from maintaining an obstruction of a public road. The facts averred in the bill are sufficiently stated in the opinion. The defendant demurred to the bill upon fifteen grounds.
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Appeal from the Chancery Court of Hale. Heard before the Hon. Thomas H. Smith. The bill in this case was filed by the appellee, Polly Williams, against the appellant, Robert Cabbell, and sought to have the defendant enjoined from maintaining an obstruction of a public road. The facts averred in the bill are sufficiently stated in the opinion. The defendant demurred to the bill upon fifteen grounds. Those grounds of the demurrer, which are insisted upon by 'Counsel for the appellant, and which are reviewed on the present appeal, were as follows: “2. Because the bill shows that it is filed by a…
1Opinion of the CourtTyson, J.
Complainant’s bill sought to have the defendant to remove two wire fences erected by him across a certain road for the purpose of preventing and obstructing the complainant and the traveling public from traveling along and over said road. It is averred in the bill that this road was originally dedicated by one Paul Cameron, the owner of the land which it traverses, or those under or through whom he held and acquired *325the property, as a public highway and was accepted by the public more than twenty years prior to 1874 and more than forty years prior to the erection by the defendant of the wire…
2Cases cited10 opinions
- Grand Rapids & Indiana R. R. v. HeiselMichigan Supreme Court · 1878
- City of Demopolis v. WebbSupreme Court of Alabama · 1888
- State v. Mayor of MobileSupreme Court of Alabama · 1837
- Chicago & Western Indiana Railroad v. AyresIllinois Supreme Court · 1883
- Crommelin v. CoxeSupreme Court of Alabama · 1857
5 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- First National Bank v. TysonSupreme Court of Alabama · 1901
- Jones v. BrightSupreme Court of Alabama · 1903
- First National Bank v. TysonSupreme Court of Alabama · 1905
- Highland Realty Co. v. Avondale Land Co.Supreme Court of Alabama · 1911
- Sloss-Sheffield Steel & Iron Co. v. JohnsonSupreme Court of Alabama · 1906
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