Davis v. Fortenberry
Mississippi Supreme Court
Appeal from the chancery court of Pike county. Hon. E. W. Cutrer, Chancellor. Suit by J. G. Fortenberry against Mrs. L. Gr. Davis and another. From a judgment for plaintiff, defendant appeals.
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Appeal from the chancery court of Pike county. Hon. E. W. Cutrer, Chancellor. Suit by J. G. Fortenberry against Mrs. L. Gr. Davis and another. From a judgment for plaintiff, defendant appeals. This is a suit by the appellee, who was complainant in the court below, enjoining the appellants from closing a gate against him, thereby depriving him of a way across their land to the public road, and seeking to have the court establish by decree an implied easement or right of way in perpetuity over appellants ’ land, and also for the purpose of enjoining appellants from further prosecuting appellee…
1Opinion of the CourtSmith, C. J.
The court below committed no error in holding that appellee has a right of way by necessarily over appellant Davis’ land (Pleas v. Thomas, 75 Miss. 495, 22 So. 820), but should not have enjoined the prosecution of the criminal proceeding begun in the court of the justice of the peace before appellee’s bill was filed (Crighton v. Dahmer, 70 Miss. 602, 13 So. 237, 21 L. R. A. 84, 35 Am. St. Rep. 66). The decree rendered in the court below will be set aside, and a decree rendered here in accordance with this opinion. Costs to be paid by appellants L. G-. and H. B. Davis.
Affirmed in part and…
2Cases cited2 opinions
- Crighton v. DahmerMississippi Supreme Court · 1893
- Pleas v. ThomasMississippi Supreme Court · 1897
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