Burnley v. Mullins
Mississippi Supreme Court
From the circuit court of Copiah county. Hon. D. M. Miller, Judge. Miss Burnley and others, appellants, were plaintiffs in the court below, and Mullins, appellee, was defendant there.
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From the circuit court of Copiah county. Hon. D. M. Miller, Judge. Miss Burnley and others, appellants, were plaintiffs in the court below, and Mullins, appellee, was defendant there. The plaintiffs brought their action of trespass quare clausum fregit against defendant, charging in their declaration the cutting of a fence inclosing plaintiffs’ land, and also that the defendant, after breaking and entering the enclosure, “then and there with hi's feet, in walking, and by riding and driving through the said land, trod down, trampled upon, consumed, and spoiled the grass, herbage, etc., of the…
1Opinion of the CourtTruly, J.
It is impossible to extricate the case for appellee from the rule announced by this court in Warren County v. Mastronardi, 76 Miss., 276 (24 South. Rep., 199). In truth, the case made by appellee is not so strong as that presented by the Mastronardi case. In the case at bar it appears that for many years there has been a “neighborhood road” running at or near the place where the road in question now runs. It is also evident from the record that this way has been used by that portion of the public living accessible thereto whenever occasion demanded. It is undisputed that the road has been…
2Cases cited1 opinion
- Warren County v. MastronardiMississippi Supreme Court · 1898
3Cited by6 opinions
- Armstrong v. Itawamba CountyMississippi Supreme Court · 1944
- Board of Trustees v. GottenMississippi Supreme Court · 1918
- Gulf & S. I. R. Co. v. AdkinsonMississippi Supreme Court · 1918
- City of Columbus v. PayneMississippi Supreme Court · 1929
- Hunter v. Lake Mor-Ri-Lo, Inc.Mississippi Supreme Court · 1955
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