Lewis v. Intendant & Town Council of Gainesville
Supreme Court of Alabama
Assumpsit from the Chancery Court of Sumter. The bill was filed by the plaintiffs in error, and charges that the father of complainants obtained an order from the County Court of Sumter for the establishment of a ferry across the Tombigbee river, at the town of Gainesville, on the 23d of January, 1834. That he proceded at great expense, to excavate the bank and prepare boats, and continued in the use and enjoyment of the franchise until his death; intestate leaving…
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Assumpsit from the Chancery Court of Sumter. The bill was filed by the plaintiffs in error, and charges that the father of complainants obtained an order from the County Court of Sumter for the establishment of a ferry across the Tombigbee river, at the town of Gainesville, on the 23d of January, 1834. That he proceded at great expense, to excavate the bank and prepare boats, and continued in the use and enjoyment of the franchise until his death; intestate leaving complainants and others his'heirs at law. That the complainants purchased from the other distributees their interest in the…
1Opinion of the CourtOrmond, J.
— At common law, a ferry was an incorpora^ ed hereditament, and was consequently capable of alienation^ and would pass to the heir by descent. In this State, the whole matter has been regulated by statute; so that we must therefore look thereto to ascertain what rights appertain to the grantee of a ferry.
The act now in force upon this subject, (Clay’s Dig. 513, § 36,) authorizes the Commissioners’ Court to grant a license to any applicant to establish a ferry, toll bridge, or causey — to establish the rate of toll — to require a bond from the applicants in a sum not exceeding fifteen hundred…
2Cases cited2 opinions
- Cullum v. Casey & Co.Supreme Court of Alabama · 1840
- Taylor v. RushingSupreme Court of Alabama · 1829
3Cited by12 opinions
- Board of Revenue v. MerrillSupreme Court of Alabama · 1915
- Louisville & Nashville Railroad v. MaloneSupreme Court of Alabama · 1897
- Billings v. BreinigMichigan Supreme Court · 1881
- Hays v. AhlrichsSupreme Court of Alabama · 1896
- Hackett & Multnomah Ry. Co. v. Wilson & MontgomeryOregon Supreme Court · 1885
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