Rowzee v. Pierce
Mississippi Supreme Court
Feom the chancery court of Pontotoc county. Hon. Baxtee McFarland, Chancellor. The opinion states the nature of the bill, the terms of the deed under which the land was held, and inferentially all the grounds of the demurrer. The court below ought to have allowed the amendment, as asked.
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Feom the chancery court of Pontotoc county. Hon. Baxtee McFarland, Chancellor. The opinion states the nature of the bill, the terms of the deed under which the land was held, and inferentially all the grounds of the demurrer. The court below ought to have allowed the amendment, as asked. The owner of the land, whether dedicated for the use of a highway or street, or square or common, retains his exclusive right in the soil for every purpose of use and profit not inconsistent with the public easement, and may maintain appropriate action for any encroachments upon it. 2 Dillon on Muni. Cor. (3d…
1Opinion of the CourtWhitfield, J.
The original bill in this case charged that on the twenty-fifth day of May, 1854, a deed was executed by the grantors therein to the president and selectmen of the town of Pontotoc, and their successors in office, to lots Hos. 20 and 21 in the southwest quarter of section 33, township 9, range 3 east, “onlyfor *854public use as an ornamental park, subject to such regulations as they may make for the purpose of fencing and ornamenting the same, and keeping the same in good order, and preventing nuisances or anything tending to subvert the before-declared object of the donors of money to purchase…
2Cases cited8 opinions
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