Witherspoon v. City of Meridian
Mississippi Supreme Court
Erom the chancery court of Lauderdale county. Hon. Sylvanus Evans, Chancellor. Appellant, Sue E. Witherspoon, filed this bill against the corporate authorities of the city of Meridian to cancel the claim of the city to certain land which it claimed under a dedication by a former owner for public streets. The bill further sought to enjoin the street commissioner from entering upon the land, and appropriating it for street purposes.
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Erom the chancery court of Lauderdale county. Hon. Sylvanus Evans, Chancellor. Appellant, Sue E. Witherspoon, filed this bill against the corporate authorities of the city of Meridian to cancel the claim of the city to certain land which it claimed under a dedication by a former owner for public streets. The bill further sought to enjoin the street commissioner from entering upon the land, and appropriating it for street purposes. There was an answer, denying complainant’s right to relief and raising certain issues of fact. Prior to 1874,,the lot in controversy was a part of a large tract…
1Opinion of the CourtCampbell, C. J.
We canuot affirm.that the chancellor erred in his conclusion that the complainant had failed to sustain her bill. He was justified in accepting as true the testimony of the civil engineer, Hamilton, who testified positively and as of knowledge, that the avenue and street were as claimed by the defendant. His testimony certainly made out a prima facie case for the city. If it was not true, there was a way to assail it aud overthrow it. This was not done. An effort *295was made to impair and destroy it, by showing the want of correspondence among various maps of Meridian, but, giving full credit to…
2Cases cited1 opinion
- City of Vicksburg v. MarshallMississippi Supreme Court · 1882
3Cited by17 opinions
- Carr v. Town of ShubutaMississippi Supreme Court · 1999
- Carl McCulloch and Nora Dell McCulloch Cross-Appellants v. Thomas Glasgow, Cross-AppelleesCourt of Appeals for the Fifth Circuit · 1980
- Westbrook v. City of JacksonMississippi Supreme Court · 1995
- Covington County v. PageMississippi Supreme Court · 1984
- Suggs v. Town of CaledoniaMississippi Supreme Court · 1985
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