Commissioners of Homochitto River v. Withers
Mississippi Supreme Court
On appeal from the southern district chancery court at Natchez; Hon. A. B. Dawson, vice-chancellor. David D. Withers filed his bill in the chancery court, in which he alleged that he was the owner of a large cotton plantation, situated in Wilkinson county, Mississippi, on what is called “ Old River,” being a former bed of the Mississippi River, but cut off in. the year 1796; and that the Homochitto River empties its waters into “ Old River ” at a point above the…
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On appeal from the southern district chancery court at Natchez; Hon. A. B. Dawson, vice-chancellor. David D. Withers filed his bill in the chancery court, in which he alleged that he was the owner of a large cotton plantation, situated in Wilkinson county, Mississippi, on what is called “ Old River,” being a former bed of the Mississippi River, but cut off in. the year 1796; and that the Homochitto River empties its waters into “ Old River ” at a point above the complainant’s plantation ; and its waters, at ordinary low stage of the Mississipppi River, pass through “ Old River,” removing the…
1Opinion of the CourtJustice HaNdv
The substance of the bill in this case is, that the complainant .owns and has. in possession a large and valuable estate in lands, slaves, &c., worth about $200,000, on Old River, which was formerly a bed of the Mississippi River, but was cut off about the year 1796; that the Homochitto River empties into Old River, at a point above the complainant’s plantation, and its waters, at an ordinary or low stage of the Mississippi River, pass through Old River, and thus flow into the Mississippi River, thereby removing the deposits of mud caused by the floods of the Mississippi River, from Old…
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