Legal Opinion

Wills v. Reed

Mississippi Supreme Court

Decided April 15, 1905PublishedCited by 18 opinions

Ekom: the chancery court of Benton county. ■ How. Julian 0. Wilson, Chancellor. Reed, the appellee, was complainant, and Wills and others, the appellants, were defendants in the court below. From a decree in complainant’s favor the defendants appealed to the, supreme court. The facts are stated in the opinion of the court.

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Ekom: the chancery court of Benton county. ■ How. Julian 0. Wilson, Chancellor. Reed, the appellee, was complainant, and Wills and others, the appellants, were defendants in the court below. From a decree in complainant’s favor the defendants appealed to the, supreme court. The facts are stated in the opinion of the court. Before considering the evidence it is of vital importance to get clearly before us the distinction between a public road and a private right of way; for in the mode by which they are acquired and the manner of and extent of the right to use them, they are widely different.…

1Opinion of the CourtTruly, J.

The bill of complaint herein was filed by appellee, seeking to require appellants to remove all obstructions from, and to. reopen, a certain road, denominated in the record a “neighborhood road.” The diagram in the record shows that the road in question, traversing certain lands owned by appellants and also lands of the appellee, serves to connect two public roads, and ends at a public road at a point nn the railroad called “Reid’s Switch.” The proof shows that originally this neighborhood road was opened by the owner of all the lands which it traversed for the purpose of enabling his patrons…

2Cases cited3 opinions

  1. Bonelli Bros. v. BlakemoreMississippi Supreme Court · 1888
  2. Lanier v. BoothMississippi Supreme Court · 1874
  3. Warren County v. MastronardiMississippi Supreme Court · 1898

3Cited by18 opinions

  1. Hooks v. George CountyMississippi Supreme Court · 1999
  2. McIntyre v. Board of County CommissionersSupreme Court of Colorado · 2004
  3. Broadhead v. TerpeningMississippi Supreme Court · 1992
  4. Armstrong v. Itawamba CountyMississippi Supreme Court · 1944
  5. Board of Trustees v. GottenMississippi Supreme Court · 1918

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