paramount rule in Alabama

1987In White v. Harrison, 202 Ala. 623 , 81 So. 565 (1919), the very learned Justice Sayre stated: ‘Covenants will, in general, be most strongly construed against the cov-enantor; still the paramount rule is to so expound them as to give effect to the actual intent of the parties.... ’ In the recent case of Frander & Frander, Inc. v. Griffen, 457 So.2d 375 (Ala.1984), the Court cites with approval the ancient rule with regard to restrictive covenants but then, we suggest, demolishes the rule by saying: ‘Where the language of the covenants is found to be ambiguous, the intent of the developer is to

1987In White v. Harrison, 202 Ala. 623 , 81 So. 565 (1919), the very learned Justice Sayre stated: ‘Covenants will, in general, be most strongly construed against the cov-enantor; still the paramount rule is to so expound them as to give effect to the actual intent of the parties.... ’ In the recent case of Frander & Frander, Inc. v. Griffen, 457 So.2d 375 (Ala.1984), the Court cites with approval the ancient rule with regard to restrictive covenants but then, we suggest, demolishes the rule by saying: ‘Where the language of the covenants is found to be ambiguous, the intent of the developer is to

1994The trend among the modern courts is to give the term 'public purpose' a broad expansive definition." Id. "[T]he question of whether or not an appropriation was for a public purpose [is] largely within the legislative domain rather than within the domain of the courts." Id. at 1052 ; Opinion of the Justices No. 261 , 373 So.2d 290 ; Puckett , supra. "The Legislature has to a great extent the right to determine the question, and its determination is conclusive when it does not clearly appear to be wrong, assuming that we have a right to differ with them in their finding. . . .

1987In White v. Harrison, 202 Ala. 623 , 81 So. 565 (1919), the very learned Justice Sayre stated: ‘Covenants will, in general, be most strongly construed against the cov-enantor; still the paramount rule is to so expound them as to give effect to the actual intent of the parties.... ’ In the recent case of Frander & Frander, Inc. v. Griffen, 457 So.2d 375 (Ala.1984), the Court cites with approval the ancient rule with regard to restrictive covenants but then, we suggest, demolishes the rule by saying: ‘Where the language of the covenants is found to be ambiguous, the intent of the developer is to

1982In re Palmer, supra; Wambles v. Coppage , 333 So.2d 829 (Ala.Civ.App. 1976).

1982In re Palmer, supra; Wambles v. Coppage , 333 So.2d 829 (Ala.Civ.App. 1976).

1980Opinion of the Justices, 347 Mass. 797 , 197 N.E.2d 691 (1964).

1980Opinion of the Justices, 347 Mass. 797 , 197 N.E.2d 691 (1964).

1976This contention misstates the applicable law, and thus presents an inadequate ground for reversal; the paramount principle in determining child custody is the welfare of the child, Brill v. Johnson , 293 Ala. 435 , 304 So.2d 595 , an inquiry in which parental rights are important, but not so absolutely controlling as appellant asserts, Borsdorf v. Mills , 49 Ala. App. 658 , 275 So.2d 338 .

1976This contention misstates the applicable law, and thus presents an inadequate ground for reversal; the paramount principle in determining child custody is the welfare of the child, Brill v. Johnson , 293 Ala. 435 , 304 So.2d 595 , an inquiry in which parental rights are important, but not so absolutely controlling as appellant asserts, Borsdorf v. Mills , 49 Ala. App. 658 , 275 So.2d 338 .

1976This contention misstates the applicable law, and thus presents an inadequate ground for reversal; the paramount principle in determining child custody is the welfare of the child, Brill v. Johnson , 293 Ala. 435 , 304 So.2d 595 , an inquiry in which parental rights are important, but not so absolutely controlling as appellant asserts, Borsdorf v. Mills , 49 Ala. App. 658 , 275 So.2d 338 .

1976This contention misstates the applicable law, and thus presents an inadequate ground for reversal; the paramount principle in determining child custody is the welfare of the child, Brill v. Johnson , 293 Ala. 435 , 304 So.2d 595 , an inquiry in which parental rights are important, but not so absolutely controlling as appellant asserts, Borsdorf v. Mills , 49 Ala. App. 658 , 275 So.2d 338 .

1958Glencoe Paving Co. v. Graves, 266 Ala. 154 , 94 So.2d 872 .

1958Glencoe Paving Co. v. Graves, 266 Ala. 154 , 94 So.2d 872 .

1928This was the paramount inquiry, Lewis v. Crowell, 210 Ala. 199 , 97 So. 691 ; Children’s Aid Soc. v. Davis, 211 Ala. 345, 109 So. 325 ; Neville v. Reed, 134 Ala. 318 , 32 So. 659 , 92 Am.

1928This was the paramount inquiry, Lewis v. Crowell, 210 Ala. 199 , 97 So. 691 ; Children’s Aid Soc. v. Davis, 211 Ala. 345, 109 So. 325 ; Neville v. Reed, 134 Ala. 318 , 32 So. 659 , 92 Am.

1919Olmstead v. People, for Use of Town of Littleton, 91 Pac. 1113 , 41 Colo. 32” —and the decree in this cause enjoins the use of the lot for any “other purposes than church purposes only.” Assuming for the moment that the decree was proper in other respects, we -are not of the opinion that it should be condemned as having afforded relief on a ground other than that upon which it was sought by the pleader. [1, 2] Covenants will, in general, be most strongly construed against the covenantor; still the paramount rule is to so expound them as to give effect to the actual intent of the parties (15 C.

1892“Both parties, having appeared and having actually litigated the issue in this form, will be bound by the decree.”—Wiltsie on Mortgage Foreclosures, § 1; Helck v. Reinheimer, 105 N. Y. 470 ; Barnard v. Ouderdouk, 98 N. Y. 158, 163 ; Jordan v. Van Epps, 85 N. Y. 427, 435.

1892“Both parties, having appeared and having actually litigated the issue in this form, will be bound by the decree.”—Wiltsie on Mortgage Foreclosures, § 1; Helck v. Reinheimer, 105 N. Y. 470 ; Barnard v. Ouderdouk, 98 N. Y. 158, 163 ; Jordan v. Van Epps, 85 N. Y. 427, 435.