Board of Trustees v. Gotten
Mississippi Supreme Court
Appeal from tbe chancery court of LaFayette county. Hon. J. G. McGowen, Chancellor. Suit by Monroe Gotten against the board of trustees of the University of .Mississippi. From a decree for complainant, defendant appeals. The facts are fully stated in the opinion of the court.
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Appeal from tbe chancery court of LaFayette county. Hon. J. G. McGowen, Chancellor. Suit by Monroe Gotten against the board of trustees of the University of .Mississippi. From a decree for complainant, defendant appeals. The facts are fully stated in the opinion of the court. In discussing the legal principles applicable to this case, I will state that the Mastronardi case, 76 Miss. 273, as shown by the syllabus, lays down the following rnle governing easements: “A right of way over land is not ripened by prescription unless the easement be claimed under color of right and be so exercised as…
1Opinion of the CourtCook, P. J.
Without going into the detailed pleadings in this case, suffice it to say that the complainant below,' ap-pellee here, filed his hill of complaint praying that the board of trustees of the university he enjoined from erecting a gate across a certain road leading from his homestead to -a certain public road, which public road afforded the . only means by which complainant could reach his market and the outside world. The board of trustees answered, denying the allegations of the bill of complaint and making their answer a cross-bill; prayed that the complainant be enjoined from interfering…
2Cases cited5 opinions
- Wills v. ReedMississippi Supreme Court · 1905
- Luster v. GarnerTennessee Supreme Court · 1913
- Warren County v. MastronardiMississippi Supreme Court · 1898
- Kohler v. SmithSuperior Court of Pennsylvania · 1896
- Burnley v. MullinsMississippi Supreme Court · 1905
3Cited by20 opinions
- Dunaway v. BusbinMississippi Supreme Court · 1986
- Calvert v. GriggsMississippi Supreme Court · 2008
- Armstrong v. Itawamba CountyMississippi Supreme Court · 1944
- Keener Properties, LLC v. WilsonMississippi Supreme Court · 2005
- Lindsey v. SHAW, ET UX.Mississippi Supreme Court · 1950
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