Potts v. Canton Cotton Warehouse Co.
Mississippi Supreme Court
Prom tbe chancery court of Madison county. Hon. H. C.- Conn, Chancellor. The opinion contains a statement of the case. The proof shows that as far back as 1859 Franklin street extended west of the railroad. This street is shown to have been on a straight line. Until the filing of the bill in this case, no claim was ever made by the defendant for that part of the street lying north of its lot.
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Prom tbe chancery court of Madison county. Hon. H. C.- Conn, Chancellor. The opinion contains a statement of the case. The proof shows that as far back as 1859 Franklin street extended west of the railroad. This street is shown to have been on a straight line. Until the filing of the bill in this case, no claim was ever made by the defendant for that part of the street lying north of its lot. This was conceded by every one to be part of the street, the only obstruction being at the railroad crossing. The deed made by Fulton in 1863 described defendant’s lot as being bounded on the north by…
1Opinion of the CourtCooper, J.
This is a proceeding in equity by the appellant to compel the defendant company to remove an obstruction consisting of buildings, etc., erected by it on what is claimed by appellant to be a part of Franklin street, in the town of Canton. The defense is, that the place on which the structures are located is not a part of Franklin street, but is the property of defendant. The case has been before this court on a former appeal from a decree overruling a demurrer, and the decision was in favor of complainant. Canton Warehouse Co. v. Potts, 69 Miss., 31. That decision settled the law of the case…
2Cases cited3 opinions
- Morrow v. WhitneySupreme Court of the United States · 1877
- Canton Cotton Warehouse Co. v. PottsMississippi Supreme Court · 1891
- Whitworth v. BerryMississippi Supreme Court · 1892
3Cited by2 opinions
- Ball v. City of LouisvilleMississippi Supreme Court · 1952
- Susie Pham v. William C. Miner, An Luong Miner and Eastwood Townhouses, LLCCourt of Appeals of Mississippi · 2024