Legal Opinion

Hill v. Houk

Supreme Court of Alabama

Decided May 21, 1908PublishedCited by 10 opinions

Bill tó Prevent Diversion of Property From The XJse For Which It Was Dedicated. Appeal from Jackson Chancery Court. Heard before Hon. W. H. Simpson. Bill by H. P. Houk and others against A. Hill and others. From a decree for complainants, defendants appeal.

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Bill tó Prevent Diversion of Property From The XJse For Which It Was Dedicated. Appeal from Jackson Chancery Court. Heard before Hon. W. H. Simpson. Bill by H. P. Houk and others against A. Hill and others. From a decree for complainants, defendants appeal. The bill allegess that Houk and Jones, together with the respondent C. B. Kirkpatrick, are the duly qualified trustees of Garth public school district No. 67 in Jackson county, Ala., created by the redistricting board of that county in the year 1904. At the time of the organization of said district there was located therein a schoolhouse,…

1Opinion of the CourtTyson, C. J.

Two assignments of error complain of the erroneous ruling of the chancellor in overruling the demurrers interposed by the respondents to the hill of complaint as amended. Neither of them raises the' question of misjoinder of complainants, discussed in brief of appellant’s counsel. That question is therefore-not presented for our consideration, and we must decline to determine it.

The bill is clearly not one for the specific performance of a verbal contract for the sale of land, nor for the enforcement of a parol gift of land, but for the protection of a publlic easement, to the end of…

2Cases cited3 opinions

  1. City of Demopolis v. WebbSupreme Court of Alabama · 1888
  2. Reed v. Mayor of BirminghamSupreme Court of Alabama · 1890
  3. Attorney General v. Lakeview Land Co.Supreme Court of Alabama · 1904

3Cited by10 opinions

  1. Manning v. HouseSupreme Court of Alabama · 1924
  2. Still v. LoveladySupreme Court of Alabama · 1928
  3. Harvey v. WarrenSupreme Court of Alabama · 1925
  4. Town of Leeds v. SharpSupreme Court of Alabama · 1928
  5. Burleson v. Town of HamiltonSupreme Court of Alabama · 1925

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