Lanier v. Booth
Mississippi Supreme Court
Appeal from the Chancery Court of Warren County. Hon. E. Hill, Chancellor. Appellees filed their bill in the chancery court of Warren county, February 28, 1871, alleging, substantially, that they are the owners, and have occupied certain lands in said county since 1887, and have bad the continuous and uninterrupted possession oí-the right of way over a small tract of land lying contiguous thereto, now owned by the defendant, N. B. Lanier, that the land they now own was owned…
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Appeal from the Chancery Court of Warren County. Hon. E. Hill, Chancellor. Appellees filed their bill in the chancery court of Warren county, February 28, 1871, alleging, substantially, that they are the owners, and have occupied certain lands in said county since 1887, and have bad the continuous and uninterrupted possession oí-the right of way over a small tract of land lying contiguous thereto, now owned by the defendant, N. B. Lanier, that the land they now own was owned by one Nathan White in 1810, next by Edward Mitchell, next by Wiley Boleman, then by C. H. Edwards, from whom your…
1Opinion of the CourtPeyton, C. J.
This is an appeal from .the decree of the chancery court of Warren county, perpetuating an injunction restraining the appellant from obstructing the appellees’ right of way over a small portion of his land.
This is believed to be the first instance in this state in which the doctrine of the right of private way has been invoked. The law, however, on this subject, it must be conceded, is ancient and well settled.
A right of way is the privilege which an individual, or a particular description of individuals, as the inhabitants of a village, or the owners or occupiers of certain farms, have of…
2Cited by15 opinions
- PATTERSON v. HarrisMississippi Supreme Court · 1960
- Wills v. ReedMississippi Supreme Court · 1905
- Jenkins v. McQuaidMississippi Supreme Court · 1928
- Warren County v. MastronardiMississippi Supreme Court · 1898
- Alcorn v. SadlerMississippi Supreme Court · 1893
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