Reports of Cases Argued and Determined in the Supreme Court of Alabama (Volume 122)
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Reports of Cases Argued and Determined in the Supreme Court of Alabama (Volume 122)

Reports of Cases Argued and Determined in the Supreme Court of Alabama (Volume 122)


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Purchase of this book includes free trial access to www.million-books.com where you can read more than a million books for free. This is an OCR edition with typos. Excerpt from book: [Stewart v. Conley.i license of the owner as to any assertion of adverse claim by the public the court will attribute it to the former and not the latter source of origin. Enjoyment with the con- scut or consistent with the rights and interests of the true owner has no tendency to prove a conveyance from him or establish an adverse right. So public, general, continuous user of an alley in the business part of a city for more than twenty years, consistent ith permissive license from the owner, is not sufficient 10 establish either prescription or dedication.?Gage v. M. k O. It. It. Co., 84 Ala. 224; titccl v. Sullivan, 70 Ala. 581); andu//i v. Inge, 80 Ala. 283; L'untpton v. Hawkins, 'JO Ala. 415. It follows as a natural sequence from the foregoing principles and authorities, that the user of a wharf consistently with the owner's use for sixty years, is not dedication.?City of Buffalo v. 1). A L. R. R., 39 N. Y. S.,4. Even where there is an unequivocal dedication, to be effective and valid, it must be accepted.?Forney v. Cal- ttonn County, 84 Ala. 215. TYSON, J?The bill in this case was filed by appellant to enjoin the appellee from enclosing by means of i'euces and gates, a street or public highway between their respective lots. The bill alleges a dedication to public use of this highway by the husband of respondent and its general use by the traveling public as a street or road. It appears from the answer that the respondent as the widow of her husband is and has been in possession of the house and lot occupied by him at the date of his death in 18!)2 as a homestead, set apart to her by the probate court of Talladega county. That in 1872 her husband purchased the strip of land upon which the street or public road now in dispute is located, and that she had erected...


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Product Details
  • ISBN-13: 9780217275354
  • Publisher: Rarebooksclub.com
  • Publisher Imprint: Rarebooksclub.com
  • Height: 246 mm
  • No of Pages: 294
  • Spine Width: 16 mm
  • Width: 189 mm
  • ISBN-10: 0217275354
  • Publisher Date: 15 Oct 2012
  • Binding: Paperback
  • Language: English
  • Returnable: N
  • Weight: 531 gr

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