Suman Corp. v. Warren

ON PETITION FOR REHEARING

This writer will not repeat the facts of the instant case as set out by the majority opinion, but recognizes those facts as succinctly and appropriately stated. This dissent is filed primarily to note that this Court does not or should not try the title to the subject lands in the case at hand. The quitclaim deed conveying the so-called “private street” by J.B. McGehee to the Suman Corporation did not create any rights in the abutting landowners to use the property. The quitclaim deed at most put Suman on notice that abutting landowners may have a right to use the…