Carl McCulloch and Nora Dell McCulloch Cross-Appellants v. Thomas Glasgow, Cross-Appellees

GODBOLD, Circuit Judge:

This suit arises out of efforts of the town of Ackerman, Mississippi, to build a street on a strip of land of disputed ownership. The town claims to have acquired by prescription an easement for a public street along the strip, which is located across the front of the lot on which the home of plaintiffs is located. The plaintiffs, Carl and Nora Dell McCulloch, have no record title to the strip, but claim that by adverse possession they have acquired title in fee simple to the strip, unencumbered by the town’s alleged prescriptive easement.

With knowledge of plaintiffs’…