Graham v. Caperton
Supreme Court of Alabama
Appeal from Jackson Chancery Court. Heard before Hon. W. IT. Simpson. Bill by George IT. Caperton and others against W. K. Graham and others to establish a ferry franchise, and to enjoin respondent from refusing free ferryage to complain ants. Decree for complainant and respondents appeals.
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Appeal from Jackson Chancery Court. Heard before Hon. W. IT. Simpson. Bill by George IT. Caperton and others against W. K. Graham and others to establish a ferry franchise, and to enjoin respondent from refusing free ferryage to complain ants. Decree for complainant and respondents appeals. The respondents sustain their pleas of prescription and the statute of limitation. — Milton v. Eeyden, 32 Ala. 30. The plea of bona fide purchase for value was also sustained. — Wynn v. Rosette, 66 Ala. 517; Graft v. Russell, 67 Ala. 9; Barton v. Barton, 75 Ala. 400. A ferry franchise is real estate. An…
1Opinion of the CourtSayre, J.
Prior to 1850, George Caperton, who owned the north shore land, established a ferry across the Tennessee river where it intersects a public road.. This ferry was operated by George W. Caperton, son of George, for a number of years prior to 1868, when George W. died. After the death of George W., his son Samuel operated the ferry until 1880, when, having acquired the shore land, he conveyed the same and his interest in the ferry to S. C. Norwood, under whom the •defendants claim land and ferry by mesne conveyances. Prior to the purchase by NorAVOod, in, to wit, 1874, he along with several of…
2Cases cited6 opinions
- Milton v. HadenSupreme Court of Alabama · 1858
- Lewis v. Intendant & Town Council of GainesvilleSupreme Court of Alabama · 1844
- State ex rel. Driver v. Commissioners of Roads & Revenue of TalladegaSupreme Court of Alabama · 1836
- Tuscaloosa County v. FosterSupreme Court of Alabama · 1902
- Jones v. JohnsonSupreme Court of Alabama · 1841
1 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Peacock v. HorneSupreme Court of Georgia · 1925
- Stout v. Limestone CountySupreme Court of Alabama · 1924
- Dean v. DEANSupreme Court of South Carolina · 1956
- Sovereign Camp, W. O. W. v. YoungSupreme Court of Alabama · 1939