Miller v. Board of Mississippi Levee Commissioners
Mississippi Supreme Court
From the circuit court of Bolivar county. Hon. F. A. Montgomey, Judge. Miller, the appellant, was plaintiff in the court below; the board of Mississippi levee commissioners, the appellee, was defendant there. The proceeding was a statutory one, under laws 1865, p. 51, as amended, laws 1884, p. 163. The facts are stated in the opinion of the court.
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From the circuit court of Bolivar county. Hon. F. A. Montgomey, Judge. Miller, the appellant, was plaintiff in the court below; the board of Mississippi levee commissioners, the appellee, was defendant there. The proceeding was a statutory one, under laws 1865, p. 51, as amended, laws 1884, p. 163. The facts are stated in the opinion of the court. Section 3 of the act of 1884, p. 164, provides that, when there are conflicting claims to the amount of the award for compensation, the levee treasurer may pay the same to the chancery court for such person as it may properly belong to, etc., and it…
1Opinion of the Court · CalhoonCalhoon, J.
In 1891 Mrs. Josephine Mason was the owner in possession ■of a large tract of land, including the 13TVo- acres about which this controversy has arisen. But she. so owned and held the whole subject to a mortgage given to secure the Equitable Mortgage Company a loan of $20,000. In this condition of things the board of levee commissioners wanted the 13x/(T acres for levee purposes, and such proceedings were had that the damages were ascertained to be $535, which sum was paid to Mrs. Mason, and she executed a conveyance of the 13TVo acres to the board. It followed, of course, that the mortgage…
Also in this document: Opinion of the Court · Calhoon.
2Cases cited1 opinion
- Board of Levee Commissioners v. WibornMississippi Supreme Court · 1896
3Cited by2 opinions
- Bailey v. United StatesUnited States Court of Federal Claims · 2007
- Southern New England Railway Co. for Condemnation of Certain LandsSupreme Court of Rhode Island · 1916