Pleas v. Thomas
Mississippi Supreme Court
From the chancery court of Holmes county. HoN. A. M. Byrd, Chancellor. Opinion states the case. A way of necessity arises when the owner sells land to another, which is wholly surrounded by land of the grantor, or partly by lands of the grantor and partly by land of a stranger, in which case a purchaser has the right of Avay through the grantor’s land to arrive at his own. 19 Am. & Eng. Enc.
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From the chancery court of Holmes county. HoN. A. M. Byrd, Chancellor. Opinion states the case. A way of necessity arises when the owner sells land to another, which is wholly surrounded by land of the grantor, or partly by lands of the grantor and partly by land of a stranger, in which case a purchaser has the right of Avay through the grantor’s land to arrive at his own. 19 Am. & Eng. Enc. L., 96. The same rule will apply if the grantor retains the interior, and grants away the exterior, land. Ib.; 38 Pa. St., 487; 4 Gray (Mass.), 297; 64 Am. Dec., 76; 14 N. J., 44; 78 Am. Dec., 108; 7 H. &…
1Opinion of the CourtWoods, C. J.
At and before the time the appellee purchased his land from the McLeods, the appellant was occupying her little lot of ground under a verbal contract of purchase from the McLeods, and was, and for some considerable space of time had been, using, as a way of ingress and egress to and from her premises, the old wood road of the McLeods, which wood road is, substantially, the private way of necessity now claimed by appellant in this suit. It is true that appellant acquired her paper title to her lot of ground about a year after the appellee acquired his, *500but this fact will not deprive her of her…
2Cited by23 opinions
- Ryals v. PigottMississippi Supreme Court · 1990
- Broadhead v. TerpeningMississippi Supreme Court · 1992
- Taylor v. HaysMississippi Supreme Court · 1989
- Fourth Davis Island Land Co. v. ParkerMississippi Supreme Court · 1985
- Leaf River Forest Products, Inc. v. RowellCourt of Appeals of Mississippi · 2002
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