Legal Opinion

Gordon v. Warfield

Mississippi Supreme Court

Decided October 15, 1896PublishedCited by 2 opinions

FROM thc chancery court of Washington county. The facts are sufficiently stated in the opinion. The decree appealed from in this case is a startling illustration of the progressive and innovating spirit of the age, the tendency of which, when carried into our courts, is to disregard established rules of jurisprudence, and to lightly set at naught limitations as to jurisdiction, based on wisdom vindicated by the centuries, and crystallized into precedents as innumerable as…

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FROM thc chancery court of Washington county. The facts are sufficiently stated in the opinion. The decree appealed from in this case is a startling illustration of the progressive and innovating spirit of the age, the tendency of which, when carried into our courts, is to disregard established rules of jurisprudence, and to lightly set at naught limitations as to jurisdiction, based on wisdom vindicated by the centuries, and crystallized into precedents as innumerable as the judicial tribunals of civilization. There are four principles which seem to effectually bar recovery by appellee in…

1Opinion of the CourtStockdale, J.

In November, 1895, Carneal Warfield exhibited his bill of complaint in the chancery court of Washington county, alleging ownership for many years, in himself, of Highland plantation, near Greenville, in said county, having inherited the same from his father. That on said plantation are two lakes, Rose lake and Cypress lake; that north of and adjoining Highland plantation is Lagrange plantation, owned by Mrs. Susan Richardson Gordon, the southern line of which is on the north side or boundary of Cypress lake.

That the rain water which falls on these plantations, and seepage water from the…

2Cases cited4 opinions

  1. Dollman v. MooreMississippi Supreme Court · 1892
  2. Garnett v. YoeSupreme Court of Alabama · 1849
  3. Daily v. JohnsonMississippi Supreme Court · 1873
  4. Ellis v. JaszynskyCalifornia Supreme Court · 1855

3Cited by2 opinions

  1. Aldridge v. First Nat. Bk.Mississippi Supreme Court · 1932
  2. Jones v. JonesMississippi Supreme Court · 1901

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