Owens v. Board of Levee Commissioners

Mississippi Supreme Court
Owens v. Board of Levee Commissioners, 74 Miss. 269 (Miss. 1896)
Whitfield

Owens v. Board of Levee Commissioners

Opinion of the Court

Whitfield, J.,

delivered the opinion of the court.

Without reference to the question as to a grant by the state in aid of the levee board — as to which see the act of February 28, 1884 (Laws, p. 140, § 2); act of February 7, 1894 (Laws, p. 95); Mills, Em. Dom., sec. 351, and authorities, especially Com. v. Boston & N. R. Co., 3 Cush., 25, and Rand., Em. Dom., sec. 297 — it is clear, under our statute — act February 7, 1894, supra (§ 1, p. 99, Laws 1894) — ejectment does not lies in the case made by this record. The statute expressly declares that the remedy therein provided ‘ ‘ shall be exclusive of all other remedies. ’ ’ That the compensation did not precede the injury, as it ordinarily would, and ought to do, makes no difference on the facts of this case, as it did not in Board of Comrs. v. Johnson, 66 Miss., 248.

Affirmed.

Reference

Full Case Name
J. W. Owens v. Board of Levee Commissioners for the Yazoo-Mississippi Delta
Status
Published
Syllabus
Practice. Land taken for levee purposes.' Ejectment not amaiilable. Statutory remedy exclusive. Act February 7, 1894 {Laws, p. 95). Ejectment does not lie for land taken for levee purposes by the Board of Levee Commissioners for the Yazoo-Mississippi Delta, even when compensation has not preceded the taking, since the act of February 7, 1894 (Laws, p. 95), provides an exclusive remedy of a different nature.