Legal Opinion

Ballard v. Davis

Mississippi Supreme Court

Decided October 15, 1856PublishedCited by 1 opinion

In error from the Superior Court of Chancery. Hon. Charles Scott, chancellor. The appellee, who was the complainant in the court below, filed his bill in the Superior Court of Chancery, seeking to enjoin perpetually the collection of a levee tax assessed against him, and the construction of a levee proposed to be made on his land, by virtue of proceedings instituted under the Act of the Legislature of this State, approved 23d February, 1846. The first section of that-Act…

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In error from the Superior Court of Chancery. Hon. Charles Scott, chancellor. The appellee, who was the complainant in the court below, filed his bill in the Superior Court of Chancery, seeking to enjoin perpetually the collection of a levee tax assessed against him, and the construction of a levee proposed to be made on his land, by virtue of proceedings instituted under the Act of the Legislature of this State, approved 23d February, 1846. The first section of that-Act provided, “That the Mississippi river, so far as it touches the county of Warren, should be leveed, where a levee was…

1Opinion of the CourtFisher, J.

The complainant filed his bill in the Superior Court of Chancery, to enjoin the sheriff of Warren county from proceeding to collect a certain tax, assessed by the board of police of said county, on the lands of the complainant; and to enjoin the other defendants from constructing a levee upon said lands.

It appears that an act of the legislature was approved on the 23d day of February, 1846, declaring that levees should be constructed wherever necessary, on the bank of the Mississippi river, in said county, at the cost of the riparian proprietors of the soil. That the Board of Police, under…

2Cited by1 opinion

  1. Garner v. Webster CountyMississippi Supreme Court · 1901

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