Hatch v. Board of Supervisors
Mississippi Supreme Court
Appear from the Chancery Court of Monroe County. Hon. Lahayette Haugi-iton, Chancellor. On the fifth day of January, 1875, the Board of Supervisors of Monroe County passed an order in relation to a certain highway of that county, known as the “ Black Swamp Road,” as follows: “Ordered that the Black Swamp Road, from Aberdeen to Dr. Ward’s gin-house, be discontinued as a public road, and that the overseer, J. B. Genber, be relieved from duty on said road; also, ordered that…
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Appear from the Chancery Court of Monroe County. Hon. Lahayette Haugi-iton, Chancellor. On the fifth day of January, 1875, the Board of Supervisors of Monroe County passed an order in relation to a certain highway of that county, known as the “ Black Swamp Road,” as follows: “Ordered that the Black Swamp Road, from Aberdeen to Dr. Ward’s gin-house, be discontinued as a public road, and that the overseer, J. B. Genber, be relieved from duty on said road; also, ordered that said road be kept open as a private right of way.” This road traversed a section of land belonging to the appellant, Lucy…
1Opinion of the CourtCampbell, J.
The Board of Supervisors had the right to discontinue the-public road ; but the proper construction of the order of the board is, that it did not purpose to surrender the right of the public to the road designated, but merely to discharge the overseer and hands from that district. It is certain that the board did not consent that the road should be closed, for the order in express terms directs that it shall ‘ ‘ be kept open as a private right of way.” It is difficult to tell what was the precise meaning of keeping the road “ open as a private right of way,” but it is manifest that the road…
2Cited by5 opinions
- Barrett v. PilgrimMississippi Supreme Court · 1975
- Berry v. Board of Sup'rs.Mississippi Supreme Court · 1930
- City of Wiggins v. BreazealeMississippi Supreme Court · 1982
- Medina v. State Ex Rel. SummerMississippi Supreme Court · 1977
- Noxubee County v. LongMississippi Supreme Court · 1925