Pelzer Homes, Inc. v. Alabama Power Co.

BEATTY, Justice.

Appeal by Pelzer Homes, Inc., and Archie McIntosh from rulings adverse to them based upon motions of Alabama Power Company (APCo) in its suit for injunc-tive relief. We affirm.

In its suit, APCo alleged that by deed of Seabron and Elizabeth Jones, dated August 30, 1949, it acquired an easement under a certain strip of land 100 feet in width.1 It further alleged that following the filing of this deed for record, the defendants constructed certain “structural dwellings,” partially on the 100-foot strip of land, which interfered with and wrongfully restricted and obstructed the…