Stein v. Ashby
Supreme Court of Alabama
Appeal from tbe City Court of Mobile. Tried before tbe Hon. Alex. McKihstrt. This action was brought by George W. Asbby against Albert Stein, to recover damages for tbe defendant’s diversion of tbe water of Bayou Chataque, or Three-mile creek, to tbe injury of plaintiff’s mill privileges.
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Appeal from tbe City Court of Mobile. Tried before tbe Hon. Alex. McKihstrt. This action was brought by George W. Asbby against Albert Stein, to recover damages for tbe defendant’s diversion of tbe water of Bayou Chataque, or Three-mile creek, to tbe injury of plaintiff’s mill privileges. Tbe case was before this court, on writ of error, at its January term, 1854, and tbe report of it may be found in 24 Ala. 521, The material facts, as now presented, will be readily understood from tbe opinion of tbe court, in connection with tbe former report.
1Opinion of the CourtNice, C. J.
Tbe law as declared in this ease when it was formerly here, is tbe law of it now. — Stein v. Asbby, 24 Ala. 521; Kimball, adm’r of Jones, v. Miller, 29 Ala. 174.
The plaintiff then claimed, as be now claims, under a patent dated 1st March, 1850, for subdivision north of Chataque, (or Three-mile creek,) of tbe south-east quarter of section twelve, township four, south, in range two, west. Tbe defendant insisted then, as be does now, that tbe title to tbe land bordering on tbe north side of tbe creek was in the city of Mobile; and to support that position be then relied, as be now does, on a…
2Cases cited9 opinions
- Partridge v. ForsythSupreme Court of Alabama · 1856
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- Stein v. AshbySupreme Court of Alabama · 1854
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