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CARROLL v. HENRY

No. 1999-CA-01682-COA.

798 So.2d 560 (2001)

James Willie CARROLL and Nancy K. Carroll, Appellants v. Charlie HENRY and Ruby Henry, Appellees.

Court of Appeals of Mississippi.

Rehearing Denied July 17, 2001.

Certiorari Denied October 25, 2001.

Attorney(s) appearing for the Case

Dannye L. Hunter, Ridgeland, for Appellants.

Pat Donald, Madison, for Appellees.

Before KING, P.J., BRIDGES, and THOMAS, JJ.

THOMAS, J., for the Court:

¶ 1. The Scott County Chancery Court held that an easement had been properly formed by a special commissioner and agreed to by both the Carrolls and the Henrys. The Carrolls appeal, asserting:

I. THE CHANCELLOR ABUSED HIS AUTHORITY AND COMMITTED REVERSIBLE ERROR BY SUA SPONTE APPOINTING A SPECIAL COMMISSIONER TO DRAFT AN EASEMENT; BY ORDERING THE PARTIES TO EXECUTE AND FILE SUCH EASEMENT; AND BY SUBSEQUENTLY NOT SETTING...

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