Bonelli Bros. v. Blakemore
Mississippi Supreme Court
From the chancery court of Warren county. Hon. W. R. Trigg, Chancellor. Decree for complainants below. Defendants appeal. The opinion states the case. 1. Complainants cannot establish the right of way by parol testimony. If they can, what has become of the statute of frauds, and the doctrine of this court that exceptions will not be engrafted on it? The cases cited with reference to the dedication of public highways have no application.
Read the full summary
From the chancery court of Warren county. Hon. W. R. Trigg, Chancellor. Decree for complainants below. Defendants appeal. The opinion states the case. 1. Complainants cannot establish the right of way by parol testimony. If they can, what has become of the statute of frauds, and the doctrine of this court that exceptions will not be engrafted on it? The cases cited with reference to the dedication of public highways have no application. An easement is an interest in land and cannot be granted by parol. 2 Wash, on Real Prop. 27 and 28. 2. There is no sufficient proof of adverse holding or use,…
1Opinion of the CourtCooper, J.
In the year 1849 one Emanuel became the owner of a part of square 258 in the city of Vicksburg, which square is bounded on the east by Washington street, and on the north by Grove street. His lot fronted on Washington street and extended back one hundred and three feet on Grove street. On this lot he erected two storehouses, each fronting on Washington street and extending back eighty-eight feet, leaving a vacant space in rear of the buildings of fifteen feet. The declivity from Washington street westward is so great that what is the basement of the buildings in front is above ground-,…
2Cases cited7 opinions
- Lampman v. . MilksNew York Court of Appeals · 1860
- Gayetty v. BethuneMassachusetts Supreme Judicial Court · 1817
- Oliver v. HookCourt of Appeals of Maryland · 1877
- Parsons v. . JohnsonNew York Court of Appeals · 1877
- Keats v. HugoMassachusetts Supreme Judicial Court · 1874
2 more not listed; retrieve them via the Exa API.
3Cited by24 opinions
- Morris v. BluntUtah Supreme Court · 1916
- Broadhead v. TerpeningMississippi Supreme Court · 1992
- Gorton-Pew Fisheries Co. v. TolmanMassachusetts Supreme Judicial Court · 1912
- Dead River Fishing & Hunting Club v. StovallMississippi Supreme Court · 1927
- Burling v. LeiterMichigan Supreme Court · 1935
19 more not listed; retrieve them via the Exa API.