Learned v. Hunt
Mississippi Supreme Court
Appeal from the Chancery Court of Jefferson County. Hon. Laugh McLaurin, Chancellor. Dunbar Hunt, J. F. Gilliam, D. P. Mullins, J. D. Frasier, William George, Miss Mildred Scott, Mrs. Julia Eobb, and Miss Mary Heckler brought this bill in equity against E. F. Learned, M. Holmes, F. Fisher, Henry Wilson, and Jacob Wagner.
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Appeal from the Chancery Court of Jefferson County. Hon. Laugh McLaurin, Chancellor. Dunbar Hunt, J. F. Gilliam, D. P. Mullins, J. D. Frasier, William George, Miss Mildred Scott, Mrs. Julia Eobb, and Miss Mary Heckler brought this bill in equity against E. F. Learned, M. Holmes, F. Fisher, Henry Wilson, and Jacob Wagner. The prayer of the bill is that the defendants be perpetually enjoined from obstructing, by locks or dams, the natural flow of water through what is known as “ Isenhood Bayou.” It appears that the complainants own plantations in a certain bend of the Mississippi River, and…
1Opinion of the Court
Cooper, C, J.,
delivered the opinion of the court.
The character of the injury inflicted upon the complainants’ land by reason of the obstruction by the locks and gates placed by the defendants in the stream, by which the overflowing waters of the river are returned to it, warrants the interposition of a court of equity to prevent the injury by the writ of injunction. It is true that ordinarily the complainant is required to establish the fact of injury by an action at law before a court of equity will interfere, *379but where, as in this case, the injury is manifest, the right clear, and the…
2Cited by6 opinions
- Board of Supervisors v. Carrier Lumber Co.Mississippi Supreme Court · 1912
- PSC v. Columbus & Greenville Ry. Co.Mississippi Supreme Court · 1990
- White v. N. C. & St. L. Ry.Court of Appeals of Tennessee · 1925
- Canton Cotton Warehouse Co. v. PottsMississippi Supreme Court · 1891
- Indian Creek Drainage Dist. No. 1 v. GarrottMississippi Supreme Court · 1920
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