Warren County v. Mastronardi
Mississippi Supreme Court
From the chancery court of Warren county. Hon. Claude Pintard, Chancellor. Mastronardi, the appellee, was the complainant in the court below; the appellants were defendants there. The facts are stated in the opinion of the court. An easement can be acquired in only one of three ways—by express grant, by implied grant, or by prescription, which always presupposes a grant to have existed. We claim title in this case by prescription.
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From the chancery court of Warren county. Hon. Claude Pintard, Chancellor. Mastronardi, the appellee, was the complainant in the court below; the appellants were defendants there. The facts are stated in the opinion of the court. An easement can be acquired in only one of three ways—by express grant, by implied grant, or by prescription, which always presupposes a grant to have existed. We claim title in this case by prescription. In the case of Lanier v. Booth, 50 Miss., 410, cited with approval in Alcorn v. Badler, 71 Miss., 638, between which and the case at bar, by the way, there is a…
1Opinion of the CourtTerral, J.
The Warrenton and Hawbinson Ferry public road, as originally laid out, is located on the dividing line between the land now owned by Mastronardi, and the land of the adjacent proprietor. In 1863, and prior thereto, the lands now owned by appellee belonged to Cameron, and were inclosed by a fence running along and next to said highway. Cameron’s fence was destroyed, and the fence along said road and inclosing said land was not rebuilt until some time after August, 1891, when it was acquired by Mastronardi. Commencing with the year 1863, the old road, then used before the regular public…
2Cases cited1 opinion
- Lanier v. BoothMississippi Supreme Court · 1874
3Cited by13 opinions
- Armstrong v. Itawamba CountyMississippi Supreme Court · 1944
- Dead River Fishing & Hunting Club v. StovallMississippi Supreme Court · 1927
- Board of Trustees v. GottenMississippi Supreme Court · 1918
- PATTERSON v. HarrisMississippi Supreme Court · 1960
- Wills v. ReedMississippi Supreme Court · 1905
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