Hesdorffer v. Pearl River Valley Water Supply District

Mississippi Supreme Court
Hesdorffer v. Pearl River Valley Water Supply District, 572 So. 2d 1209 (Miss. 1990)
1990 Miss. LEXIS 801; 1990 WL 257418
Anderson, Blass, Hawkins, Lee, Only, Pittman, Prather, Robertson, Sullivan

Hesdorffer v. Pearl River Valley Water Supply District

Opinion of the Court

HAWKINS, Presiding Justice,

for the Court:

Dr. Eugene Hesdorffer has appealed a judgment of the Madison County Chancery Court dismissing his complaint to cancel as a cloud on his property a deed to the defendant Pearl River Valley Water Supply District. The district moved to dismiss the complaint for failure to state a cause of action under Rule 12(b)(6) of the Mississippi Rules of Civil Procedure because Hesdorf-fer had not deraigned title as required by Miss.Code Ann. § 11-17-35 (1972).

This case is controlled by Carpenter v. Haggard, 538 So.2d 776 (Miss. 1989). The Mississippi Rules of Civil Procedure, 81(h), Appendix B, supplanted Miss.Code Ann. § 11-17-35. Rule 81(h) was not disapproved by S.Con.Res. 617, 1982 Miss.Laws 675; also see, Miss.Code Ann. § 9-3-71.

REVERSED AND REMANDED.

ROY NOBLE LEE, C.J., DAN M. LEE, P.J., and ROBERTSON, ANDERSON, PITTMAN and BLASS, JJ., concur. SULLIVAN, J., concurs in result only. PRATHER, J., not participating.

Reference

Full Case Name
Dr. Eugene HESDORFFER v. PEARL RIVER VALLEY WATER SUPPLY DISTRICT, an Agency of the State of Mississippi
Status
Published