BROWN v. ALABAMA POWER COMPANY

7 Div. 596.

156 So.2d 153 (1963)

Marshall A. BROWN et ux. v. ALABAMA POWER COMPANY.

Supreme Court of Alabama.

August 29, 1963.


Attorney(s) appearing for the Case

Merrill, Merrill, Vardaman & Williams, Anniston, for appellants.

Reed & Reed, Hugh Reed, Jr., Centre, Martin, Vogtle, Balch & Bingham, S. Eason Balch and Jas. H. Hancock, Birmingham, for appellee.


HARWOOD, Justice.

This is an appeal from a decree of the Circuit Court of Cherokee County enjoining the respondent from erecting a house or cottage on certain land upon which the complainant, the Alabama Power Company, owns a flowage easement or an easement to flood the land.

The cause was submitted to the lower court upon the bill of complaint and stipulations. All of the paragraphs of the bill of complaint were admitted to be true except the last two paragraphs...

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