Loftin v. M'Lemore

Supreme Court of Alabama

Loftin v. M'Lemore

1 Stew. 133

CourtSupreme Court of Alabama

DecidedJanuary 15, 1827

StatusPublished

Cited by5 cases

This text of 1 Stew. 133 (Loftin v. M'Lemore) is published on Counsel Stack Legal Research, covering Supreme Court of Alabama primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Loftin v. M'Lemore, 1 Stew. 133 (Ala. 1827).

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Opinion

The CHIEF JUSTICE

delivered the opinion of the Court.

The second count in the declaration, sets out a special [134]*134,reqllest to remove the nuisance. The alienee of land sold subsequent to the erection of a nuisance, may maintain an action for continuing it after a special request to remove it. » The continuance is a new ground of action, without resorting to the period of time when it was first erected. The judgement must be reversed, and the cause must be remanded for further proceedings.

See 2 Selw. N. P. 1095 and the references. Judge Crenshaw not sitting.

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The CHIEF JUSTICE

delivered the opinion of the Court.

The second count in the declaration, sets out a special [134]*134,reqllest to remove the nuisance. The alienee of land sold subsequent to the erection of a nuisance, may maintain an action for continuing it after a special request to remove it. » The continuance is a new ground of action, without resorting to the period of time when it was first erected. The judgement must be reversed, and the cause must be remanded for further proceedings.

See 2 Selw. N. P. 1095 and the references. Judge Crenshaw not sitting.

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Bluebook (online)

1 Stew. 133, Counsel Stack Legal Research, https://law.counselstack.com/opinion/loftin-v-mlemore-ala-1827.

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