MISSISSIPPI H.D. v. BETHLEHEM CHURCH

No. 40575.

232 Miss. 335 (1957)

99 So.2d 221

MISSISSIPPI STATE HIGHWAY DEPT., et al. v. BETHLEHEM BAPTIST CHURCH.

Supreme Court of Mississippi.

December 16, 1957.


Attorney(s) appearing for the Case

Blass & Parsons, Wiggins; Matthew Harper, Asst. Atty. Gen., Jackson, for appellant.

Cephus Anderson, Hattiesburg, for appellee.


ARRINGTON, J.

On March 22, 1955, the Bethlehem Baptist Church brought this suit in the Circuit Court of Stone County against the State Highway Commission for damages alleging trespass and the taking of Church property. The jury returned a verdict in the amount of $400 and from this judgment, the Highway Commission appeals.

The Highway Commission answered, and as an affirmative defense, plead that the appellee Church had conveyed the land in question by warranty...

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