Legal Opinion

Mayor of South Memphis v. Howard

Tennessee Supreme Court

Decided April 15, 1855PublishedCited by 42 opinions

This was an injunction bill filed in .the Chancery Side o£ the Common Law and Chancery Court of Memphis, by the Mayor and Aldermen of the Town of South Memphis, claiming as public- ground a parcel of land ■lying adjacent to the Mississippi river and West of Clinton Street, and extending south from Union Street to Beale Street, in what was then the town of South Memphis, on a portion of which the defendant had erected a cotton shed, which erection the hill sought to have…

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This was an injunction bill filed in .the Chancery Side o£ the Common Law and Chancery Court of Memphis, by the Mayor and Aldermen of the Town of South Memphis, claiming as public- ground a parcel of land ■lying adjacent to the Mississippi river and West of Clinton Street, and extending south from Union Street to Beale Street, in what was then the town of South Memphis, on a portion of which the defendant had erected a cotton shed, which erection the hill sought to have removed as a nuisance. The value ©f the property in controversy was estimated at $200,000. Prior to the location of the town…

1Opinion of the Court

Totten., J.,

delivered an oral opinion, affirming the decree of the chancellor, and concurring substantially in the grounds assumed by Dixon, for the complainants. McKinney and Caruthers, JJ., concurred. Judge Totten promised to reduce his opinion to writing, in view of the importance of tne case, but never found time to do so.

Decree affirmed.

*122As to a map or plat as eviden.ee of a dedication, see Ely v. Bates, 5 Wis. 467; Weisbrod v. C. & N. W. R. R. Co., 18 Wis. 35; Weisbrod v. C. & N. W. R. R. Co., 21 Wis. 607. Child v. Chappell, 9 N. Y. 257; 2 Smith’s Lead. Cases, 208, 222; Washburn on…

2Cases cited7 opinions

  1. President of Cincinnati v. Lessee of WhiteSupreme Court of the United States · 1832
  2. Oswald v. GrenetTexas Supreme Court · 1858
  3. Rowan's Ex'rs v. Town of PortlandCourt of Appeals of Kentucky · 1847
  4. Weisbrod v. Chicago & North-Western Railway Co.Wisconsin Supreme Court · 1864
  5. Ely v. BatesWisconsin Supreme Court · 1856

2 more not listed; retrieve them via the Exa API.

3Cited by42 opinions

  1. Stanley v. SchwalbyTexas Supreme Court · 1892
  2. United States v. P/B STCO 213, ON 527 979Court of Appeals for the Fifth Circuit · 1985
  3. Gorman v. City of WoodinvilleWashington Supreme Court · 2012
  4. United States v. Robert P. Popovich, Jack W. Moncrief, and the University of Texas SystemCourt of Appeals for the Fifth Circuit · 1987
  5. Dumas v. Angus Chemical Co.Louisiana Court of Appeal · 1999

37 more not listed; retrieve them via the Exa API.

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