Davis v. Fortenberry

Citations

• 114 Miss. 294
• 75 So. 119

Syllabus

<p>1. Easements. Implied easements. Way over surrounding land.</p> <p>Where a party owning a body of land lying along a public road, sold a part of the tract not touching the road, the purchaser had a right of way by necessity over the land of the vendor to the public road for the purpose of ingress and egress.</p> <p>2. Injunction. Restraining criminal prosecutions.</p> <p>In such .case injunction will not lie at the instance of the purchaser of the land to restrain a criminal prosecution by the seller for an alleged trespass in going to and from the land, over the land of the seller to reach the public road.</p>