Dabney v. Child
Mississippi Supreme Court
From the chancery court of Warren county. Hon. J. S. Hicks, Chancellor. Dabney, appellant, was complainant in the court below. Child, appellee, was defendant there. Erom a decree in defendant’s favor the comlainant appealed to the supreme court. The facts are sufficiently stated in the opinion of the court.
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From the chancery court of Warren county. Hon. J. S. Hicks, Chancellor. Dabney, appellant, was complainant in the court below. Child, appellee, was defendant there. Erom a decree in defendant’s favor the comlainant appealed to the supreme court. The facts are sufficiently stated in the opinion of the court. The authorities are abundant and uniform that where a vendor shuts himself off from ingress and egress to one part of his land by conveying another part, a way is reserved by operation of law. Pleas v. Thomas, 75 Miss. 500, 22 South. 820; Washburn on Easements (4th ed.) 258, 2 Ballard’s…
1Opinion of the CourtMayes, J.
The complainant in this case executed to Child a warranty deed to one acre of land in section 6, township 15, range e.r in Warren county, and the deed contains no reservation of any easement whatever. The object of this suit is to have the court *587declare that when this conveyance was made there was an implied reservation in the deed that complainant should have a right of way to his own premises over the land conveyed, on the idea that it is a way of necessity.
The complainant has not brought himself within that rule of’ law which would warrant the court in declaring that there was. any way of…
2Cases cited1 opinion
- Pleas v. ThomasMississippi Supreme Court · 1897
3Cited by3 opinions
- Gulf Park Water Co. v. First Ocean Springs Dev. Co.Mississippi Supreme Court · 1988
- Gulf Refining Co. v. TerryMississippi Supreme Court · 1932
- McGurn v. Louisville & Nashville RailroadCourt of Appeals of Kentucky · 1917