State ex rel. Phillips v. Smith

This is a suit brought by the State Commissioner of Highways and Public Works to enjoin the defendant Smith from placing waste matter and trash upon, and exercising acts of ownership over a portion of the right-of-way of State Highway No. 1. The Chancellor granted the relief prayed for and the defendant appealed.

The right-of-way was acquired by a consent decree entered in a condemnation suit pending in the Circuit Court of Benton County, Tennessee, styled Benton County *610v. Republic Creosote Company and Fred Ballard. The defendant admits that the right-of-way in question had been acquired by…