Whitworth v. Berry
Mississippi Supreme Court
From the chancery court of Pike county. Hon. H. C. Conn, Chancellor. The facts are sufficiently stated in the opinion. The evidence shows: 1. The Mississippi Valley Land Company, in 1876, four years before Bergland purchased, dedicated the street to the. public, and offered and sold lands in squares adjoining, laid oft’ on the plat in reference to these streets. 2. That company, the. then owner, admits the dedication, and insists upon its enforcement. 3. The town insists…
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From the chancery court of Pike county. Hon. H. C. Conn, Chancellor. The facts are sufficiently stated in the opinion. The evidence shows: 1. The Mississippi Valley Land Company, in 1876, four years before Bergland purchased, dedicated the street to the. public, and offered and sold lands in squares adjoining, laid oft’ on the plat in reference to these streets. 2. That company, the. then owner, admits the dedication, and insists upon its enforcement. 3. The town insists upon the dedication being preserved. 4. The dedication is expressly preserved in the deed to Bergland. 5. If the dedication…
1Opinion of the CourtCooper, J.
These eases are submitted together, and having, by agreement, been tried in the court below upon the same evi*884dence, and presenting the same question, may be disposed of as one.
The first was commenced by Whitworth and others against Berry to perpetually enjoin him from fencing in a strip of land claimed by him as a part of his curtilage, but which the complainants claimed to be one of the streets of McComb City wrongfully inclosed by Berry. . The second is a suit by Berry against McComb City, seeking to enjoin the city from dealing with said strip of land as one of the streets-of said city. On…
2Cases cited1 opinion
- Sanford v. Mayor of MeridianMississippi Supreme Court · 1876
3Cited by2 opinions
- Potts v. Canton Cotton Warehouse Co.Mississippi Supreme Court · 1892
- Miller v. CulpepperMississippi Supreme Court · 1990