Legal Opinion

Barataria Canning Co. v. Ott

Mississippi Supreme Court

Decided March 15, 1904PublishedCited by 10 opinions

From tbe chancery court of Harrison county. Hon. Stone Deavours, Chancellor. Ott and others, appellees, were complainants in the court below; the Barataría Canning Company, appellant, was defendant there. From a decree favorable to complainants the defendant appealed to the supreme court. The facts are fully stated in the opinion of the court.

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From tbe chancery court of Harrison county. Hon. Stone Deavours, Chancellor. Ott and others, appellees, were complainants in the court below; the Barataría Canning Company, appellant, was defendant there. From a decree favorable to complainants the defendant appealed to the supreme court. The facts are fully stated in the opinion of the court. It is as elementary that the state of Mississippi owns all the land under the tide waters within her borders, except where she has parted with the title by grant, as it is that the United States owns all the land within this state, except where it has…

1Opinion of the CourtTruly, J.

On the 12th day of February, 1885, Peter W. Ott and wife, ancestors of appellees, leased to Simon Gumbel and others, assignors of appellant, certain property, being a lot at Point Cadet, in the town of Biloxi, fronting on Mississippi Sound or Gulf of Mexico, therein described. Said lease contains the following cause: “Said lessors also demise, lease, and to farm let unto said lessees, but also without power to sublet unless by consent of lessors first had, all the exclusive right of the said lessors to the water front on said sound or gulf of all lands owned by said lessors, extending from…

2Cases cited3 opinions

  1. Martin v. O'BrienMississippi Supreme Court · 1857
  2. Moore v. LordMississippi Supreme Court · 1874
  3. Blakslee Manufacturing Co. v. Blakslee's Sons Iron-WorksNew York Supreme Court · 1891

3Cited by10 opinions

  1. Cook v. FarleyMississippi Supreme Court · 1943
  2. Ex parte FritzMississippi Supreme Court · 1905
  3. CRARY, ET UX. v. State Highway Comm.Mississippi Supreme Court · 1953
  4. Fatherree v. McCormickMississippi Supreme Court · 1946
  5. Poole v. McCartyMississippi Supreme Court · 1958

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