OCR Text |
Show BROOM HOTEL ALLEY SUIT HIS BEEN DECIDED Judge C. W. Morse has rendered a decision in the case of tho Reese Howell How-ell company a?alnst Sarah J. Brown, et al. ruling against the plaintiff company. com-pany. The action was originally brought by the Howells company In the form of Injunction proceedings against Mrs. Brown and others closing the alleyway which passes under the roof of the Broom hotel building on the west side, to the rear of the Howell property, but the Injunction proceeding were dismissed and a suit in equity instituted insti-tuted to settle the question of proper ty rights and eminent domain. i Judge Mor6e was called upon to hear the case and It has been before him about two years. The Howell company claimed that, through a transaction entered into by the original origin-al owners of the Broom hotel property, and the late Reese Howell, an exchange ex-change of property was made by which s rightot way was perpetually given across the Broom property, at the west end, in exchange for which certain property at the rear of the Broom property, near the alleged right-of-way. was given The right-of-way had heen in use for a number of years when the new owners own-ers of the Broom property, Mrs Brown and otheis undertook to close it. In the meantime Merchant's alley and Merchant's alley annex have been opened by the city which gives egress and ingress to the Howell property The plaintiff will appeal to the supreme su-preme court |