Webb v. City of Demopolis
Supreme Court of Alabama
Appeal from the Chancery Court of Marengo. Heard, before the Hon. S.- K. MoSpaddeN. The bill in this case was filed on the 11th June, 1888, by the “City of Demopolis,” against John C. Webb and wife, and W. H. Creagh; and sought (1) an injunction against the continuance of a fence, which said Webb had erected across a part of Arch street, near the river; and (2) to prevent the collection of wharfage by the defendants, at their landing on the river at or near the foot of said…
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Appeal from the Chancery Court of Marengo. Heard, before the Hon. S.- K. MoSpaddeN. The bill in this case was filed on the 11th June, 1888, by the “City of Demopolis,” against John C. Webb and wife, and W. H. Creagh; and sought (1) an injunction against the continuance of a fence, which said Webb had erected across a part of Arch street, near the river; and (2) to prevent the collection of wharfage by the defendants, at their landing on the river at or near the foot of said street. At the first hearing, on demurrer, Hon. Thos. W. ColemaN presiding as chancellor, it was held, (1) that the bill…
1Opinion of the CourtMcCLELLAN, J.
Other questions will be discussed and decided in the progress of this opinion, but in the view we take of the case the inquiries of paramount and determining importance are three only : First: Did the original proprietors of the land on which the city of Demopolis was subsequently built dedicate to the uses of the public as a street that part of said land which lies between certain numbered lots in the plat or plan of said city and the Tom-bigbee river, now known as Arch street? Second: Did such dedication, assuming it to have been efficaciously made, extend to the water-line at all stages of…
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