Indianola Light, Ice & Coal Co. v. Montgomery
Mississippi Supreme Court
From the chancery court of Sunflower county. Hon. Julian C. Wilson, Chancellor. Montgomery and another, appellees, were complainants in the court below; the Indianola, etc., Company, appellant, was defendant there. The suit was to confirm complainants’ title to a small piece of land. The defense was predicated of the idea that the land in controversy constituted a part of a street in the town of Indianola.
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From the chancery court of Sunflower county. Hon. Julian C. Wilson, Chancellor. Montgomery and another, appellees, were complainants in the court below; the Indianola, etc., Company, appellant, was defendant there. The suit was to confirm complainants’ title to a small piece of land. The defense was predicated of the idea that the land in controversy constituted a part of a street in the town of Indianola. From a decree in complainants’ favor the defendant appealed to the supreme court. The town of Indianola is nearly square. About one-half of the town is south of Indian bayou, which runs…
1Opinion of the CourtWhitfield, C. J.
The testimony clearly and manifestly establishes the implied dedication of Front street across Indian bayou, with a width of sixty-six feet. It was not necessary that the city should actually use the whole width of the street when the bridge was built originally or later. IIow much of the sixty-six feet should be used was for the city to determine, according to the city’s development and growth. It is not imperative in the case of an implied dedication of a street that the city shall immediately enter upon actual use of the street throughout its whole length and width. As said in Marion v.…
2Cases cited4 opinions
- Miller v. CovertNew York Supreme Court · 1828
- Town of Marion v. SkillmanIndiana Supreme Court · 1891
- Cleveland v. ClevelandNew York Supreme Court · 1834
- Bartlett v. BeardmoreWisconsin Supreme Court · 1889
3Cited by12 opinions
- Luter v. CrawfordMississippi Supreme Court · 1957
- Nettleton Church of Christ v. ConwillMississippi Supreme Court · 1998
- Skrmetta v. MOOREMississippi Supreme Court · 1956
- City of Jackson v. LairdMississippi Supreme Court · 1911
- Brown v. City of GulfportMississippi Supreme Court · 1952
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