City of Jackson v. Merchants Bank & Trust Co.

Citations

• 112 Miss. 537
• 73 So. 573

Syllabus

<p>Municipal Coepoeation. Streets. Encroachments. Estoppel of city.</p> <p>Where complainant’s predecessor in title owned a triangular lot at the intersection of two streets and desiring to erect a building thereon employed a contractor to erect such building who obtained a permit from the clerk of the city but was told by him that before the building could be erected it would be necessary for the city engineer to establish the street lines at that point and accordingly the city engineer did establish such street lines, but erroneously placed the street line on one of the streets several feet over the true and correct line. In such case where the building was erected on the line given by the city engineer and extended several feet into the street, the city was estopped from injuring or damaging the building while it stood on the strip of ground in the street, but the public was not divested of title to such strip, and complainant’s only right was to have its possession quieted and confirmed so long as the wall might stand on the strip.</p>