Boggs v. Eaton, No. 51592
| Court | United States State Supreme Court of Mississippi |
| Writing for the Court | LEE; PATTERSON |
| Citation | 379 So.2d 520 |
| Parties | Mary BOGGS v. Janice EATON et al. |
| Docket Number | No. 51592 |
| Decision Date | 09 January 1980 |
Page 520
v.
Janice EATON et al.
Rehearing Denied Feb. 20, 1980.
Page 521
Robert O. Homes, Jr., Metairie, for appellant.
Eaton, Cottrell, Galloway & Lang, W. Joel Blass, James B. Galloway, Mize, Thompson & Blass, Gulfport, for appellees.
Before ROBERTSON, P. J., and LEE and BOWLING, JJ.
LEE, Justice, for the Court:
Mary Boggs brought suit in the Chancery Court of Harrison County, Honorable Frank W. Alexander, presiding, against Janice Eaton individually, and as administratrix of the estate of Fred and Charlotte Schustedt, seeking to remove clouds from her easement title, and to enjoin defendants from interference with her rights under the easement, and damages for such interference with her easement rights. The chancellor denied the relief prayed for, dismissed the bill of complaint and entered judgment for the defendants and Mary Boggs appeals.
I.
Did the chancellor err in dismissing the bill of complaint when the proof showed as a matter of law that appellant had valid title to the easement and appellees committed a trespass against her rights under said easement?
In the year 1908 Archibald Boggs and Edwin B. Lang were neighbors and adjacent property owners on the Mississippi Gulf Coast. A water well was drilled on the Lang property and, on March 24, 1908, Lang and Boggs entered into a written agreement whereby Lang, who owned the property on which the well was situated, granted an easement to Boggs and his assigns, which provided for a two-inch water pipe running from the well to the home of Boggs for the purpose of furnishing water to his property. The significant parts of the easement follow:
"That (Lang) for and in consideration of the sum of $100.00 * * * hereby * * * grants and conveys unto (Archibald Boggs), his representatives and assigns, the right to use and consume water from the artesian well * * * in the manner hereinafter described * * * .
The said (Boggs) shall have the right to use water from said well in any quantity he may desire or be able to obtain, so long as said well shall last, by means of the one pipe now connecting said well with premises of said Boggs, as hereinafter described, his said use of said water above granted to be only on the following described property, to-wit: The property owned by the said Boggs and described as being a lot of land facing on the Gulf of Mexico and bounded on the East by the property of ______ Boggs, on the West by the property of the grantor herein, on the South by the Gulf of Mexico and on the north by the L. & N. R.R.
Page 522
It is further agreed and understood that the rights granted to the said Boggs to use said water shall be confined to his own use and that of his assigns on the property above described, and shall not apply to any party or parties to whom he may hereafter sell lots or to any lots so sold out of the property * * * but it shall only be used by him and his assigns on said plot of ground or premises above described so long as they are kept intact, or such part of said premises as he may retain as curtilage of the house which he now occupies, and for that place only."
Tragedy struck the Boggs and Schustedt families. Archibald Boggs and Bessie Boggs, his wife, died as a result of the 1947 hurricane on the Mississippi Gulf Coast. His devisee, Mary Boggs, appellant herein, acquired the Archibald Boggs property under his last will and testament and she has owned the property since 1947. The Lang property was acquired subsequent to 1948 by a Mr. and Mrs. Fred Schustedt, who lost their lives as a result of Hurricane Camille on or about August 17, 1969.
The house of Archibald Boggs was destroyed by the 1947 hurricane, but the water line from the Lang well was not affected by the hurricane and the water usage was not interrupted. A garage adjacent to the Boggs home was rebuilt as a residence and was occupied by appellant and her brother for approximately one (1) year and then by appellant's tenants. That building, for all practical purposes, was destroyed by...
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In re Miss. Rules Evidence, No. 89-R-99002-SCT
...in many fields in addition to science or medicine, such as real estate, cotton brokering, auto mechanics or plumbing. Boggs v. Eaton, 379 So. 2d 520 (1980); Early-Gary, Inc. v. Walters, 294 So. 2d 181 (Miss. 1974); Ludlow Corp. v. Arkwright-Boston Mfrs. Mut. Ins. Co., 317 So. 2d 47 (Miss. 1......
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Smith v. Dorsey, No. 07-CA-59273
...Cole v. National Life Ins. Co., 549 So.2d 1301, 1303 (Miss.1989); Busching v. Griffin, 542 So.2d 860, 863 (Miss.1989); Boggs v. Eaton, 379 So.2d 520, 522 II. THE LEGALITY OF THE EXPENDITURES A. THE DISHAROON CONTRACTS The minutes of the Board of Education meeting for September 12, 1985, ref......
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Harrison County v. City of Gulfport, Nos. 89-IA-511
...National Life Insurance Company, 549 So.2d 1301, 1303 (Miss.1989); Busching v. Griffin, 542 So.2d 860, 863 (Miss.1989); Boggs v. Eaton, 379 So.2d 520, 522 (Miss.1980), or, to be more precise, it is a different kind of question of law than that presented in Part III(A) Both Gulfport and Bilo......
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Omnibank of Mantee v. United Southern Bank, No. 89-CA-0614
...Co., 549 So.2d 1301, 1303 (Miss.1989); UHS-Qualicare v. Gulf Coast Community Hospital, 525 So.2d 746, 754 (Miss.1987); Boggs v. Eaton, 379 So.2d 520, 522 (Miss.1980); see also Pullman-Standard v. Swint, 456 U.S. 273, 287, 102 S.Ct. 1781, 1789, 72 L.Ed.2d 66, 79 (1982). This as a matter of i......
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In re Miss. Rules Evidence, 89-R-99002-SCT
...in many fields in addition to science or medicine, such as real estate, cotton brokering, auto mechanics or plumbing. Boggs v. Eaton, 379 So. 2d 520 (1980); Early-Gary, Inc. v. Walters, 294 So. 2d 181 (Miss. 1974); Ludlow Corp. v. Arkwright-Boston Mfrs. Mut. Ins. Co., 317 So. 2d 47 (Miss. 1......
-
Smith v. Dorsey, 07-CA-59273
...Cole v. National Life Ins. Co., 549 So.2d 1301, 1303 (Miss.1989); Busching v. Griffin, 542 So.2d 860, 863 (Miss.1989); Boggs v. Eaton, 379 So.2d 520, 522 II. THE LEGALITY OF THE EXPENDITURES A. THE DISHAROON CONTRACTS The minutes of the Board of Education meeting for September 12, 1985, ref......
-
Harrison County v. City of Gulfport, s. 89-IA-511
...National Life Insurance Company, 549 So.2d 1301, 1303 (Miss.1989); Busching v. Griffin, 542 So.2d 860, 863 (Miss.1989); Boggs v. Eaton, 379 So.2d 520, 522 (Miss.1980), or, to be more precise, it is a different kind of question of law than that presented in Part III(A) Both Gulfport and Bilo......
-
Omnibank of Mantee v. United Southern Bank, 89-CA-0614
...Co., 549 So.2d 1301, 1303 (Miss.1989); UHS-Qualicare v. Gulf Coast Community Hospital, 525 So.2d 746, 754 (Miss.1987); Boggs v. Eaton, 379 So.2d 520, 522 (Miss.1980); see also Pullman-Standard v. Swint, 456 U.S. 273, 287, 102 S.Ct. 1781, 1789, 72 L.Ed.2d 66, 79 (1982). This as a matter of i......