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ALABAMA POWER CO. v. MARTIN

SC 1567.

341 So.2d 695 (1977)

ALABAMA POWER COMPANY, a corporation v. James R. MARTIN and Sylvia Martin.

Supreme Court of Alabama.

January 14, 1977.

Attorney(s) appearing for the Case

James O. Spencer, Jr., Balch, Bingham, Baker, Hawthorne, Williams & Ward, Birmingham, William E. Hereford, Jr., Gaines, Hereford & Ckeckler, Pell City, for appellant.

William J. Trussell, Church, Trussell & Robinson, Pell City, for appellees.

JONES, Justice.

This case arose out of a dispute between Alabama Power Company and James Martin regarding the existence of a flood easement on Martin's property. This property is fronted by the Coosa River and is located in Riverside, a community outside Pell City.

In April of 1963, Martin's predecessors in title, the Kilgores, entered into a land contract with Alabama Power Company through its agent, Walter Smith. This contract granted in fee to the Power...

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