Legal Opinion

Tegarden v. McBean

Mississippi Supreme Court

Decided April 15, 1857PublishedCited by 6 opinions

Appeal from the District Chancery Court, at Mississippi city. Hon. B. 0. Buckley, vice-chancellor. In November, A.D. 1854, the appellant filed his bill in the court below, against the appellees, the object of which was to cause the removal of certain obstructions, which it was alleged they had put in a public road, and to enjoin them from further obstructing the same.

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Appeal from the District Chancery Court, at Mississippi city. Hon. B. 0. Buckley, vice-chancellor. In November, A.D. 1854, the appellant filed his bill in the court below, against the appellees, the object of which was to cause the removal of certain obstructions, which it was alleged they had put in a public road, and to enjoin them from further obstructing the same. The material facts as they appear from the record, are, that in the year 1848, William McMasters was the owner of the land over which the road now passes, and also of certain other land adjoining the same; that in that year the…

1Opinion of the CourtHandy, J.

This was a bill filed by the appellant in the Southern District Chancery Court, for-the purpose of removing obstructions placed by the defendants upon a public road, and preventing its free passage and use by the appellant and the public.

The ground on which the road is claimed to be a public one is, briefly, that the land over which it passed had formerly been the property of one McMasters, and that the appellant had purchased from him land, on which he established a ferry, and in connection with it, in the latter part of the year 1848, or the first of the year 1849, built a road, at his own…

2Cited by6 opinions

  1. Armstrong v. Itawamba CountyMississippi Supreme Court · 1944
  2. Buchanan v. CurtisWisconsin Supreme Court · 1869
  3. New Orleans, Jackson & Great Northern Railroad v. MoyeMississippi Supreme Court · 1860
  4. Rylee v. StateMississippi Supreme Court · 1913
  5. Armstrong v. Itawamba CountyMississippi Supreme Court · 1944

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