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MARTIN v. LOWERY

No. 2004-IA-01849-SCT.

912 So.2d 461 (2005)

Troy MARTIN, Annie Mae Southward and Azzie Lee Martin v. Clarence LOWERY.

Supreme Court of Mississippi.

October 13, 2005.

Attorney(s) appearing for the Case

Michael Dale Cooke, Iuka, attorney for appellant.

James Travis Belue, Iuka, attorney for appellee.

EN BANC.

SMITH, Chief Justice, for the Court.

¶ 1. Clarence Lowery filed a complaint alleging that an implied easement by necessity existed across a plot of land owned by Troy Martin, Azzie Lee Martin and Annie Mae Southward. The Chancery Court of Tishomingo County denied Martin's motion to dismiss Azzie Lee Martin and Southward and retained jurisdiction contrary to Martin's motion to dismiss for lack of subject matter jurisdiction pursuant to Miss.Code Ann. § 65...

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