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Sipes v. Town of Tishomingo

March 09, 1999

JAMES H. SIPES AND FRIEDA SIPES APPELLANTS
v.
THE TOWN OF TISHOMINGO APPELLEE



The opinion of the court was delivered by: King, J.

DATE OF JUDGMENT: 6/20/97

TRIAL JUDGE: HON. JOHN C. ROSS, JR.

COURT FROM WHICH APPEALED: TISHOMINGO COUNTY CHANCERY COURT

NATURE OF THE CASE: CIVIL - REAL PROPERTY

TRIAL COURT DISPOSITION: CHANCELLOR FOUND THERE HAD BEEN A PROPER DEDICATION AND NO ABANDONMENT, AND THAT APPELLANT MUST MOVE STORAGE SHED FROM ALLEY.

EN BANC

¶1. The Chancery Court of Tishomingo County determined that because a proper dedication had been made and accepted, an alley was the property of the town of Tishomingo (Town). James and Frieda Sipes ( the Sipeses), who owned three lots adjacent to the alley, contend that the chancery court improperly determined that the alley belonged to the Town. Alternatively, the Sipeses allege that the chancery court failed to find that the alley had been abandoned by the Town. They appeal the decision of the chancery court and assign two errors:

I. WHETHER THE CHANCELLOR BELOW ERRED IN FINDING THAT THERE HAD BEEN A PROPER DEDICATION AND ACCEPTANCE OF THE PURPORTED ALLEY AND IN FAILING TO QUIET AND CONFIRM TITLE TO THE PURPORTED ALLEY ADJACENT TO THE SIPESES' HOUSE IN THEM.

II. EVEN IF THERE WAS A PROPER DEDICATION AND ACCEPTANCE OF THE PURPORTED ALLEY TO AND BY THE TOWN, THE LOWER COURT ERRED IN FINDING THAT THE TOWN HAD NOT ABANDONED THE PURPORTED ALLEY AND IN FAILING TO QUIET AND CONFIRM TITLE TO THE PURPORTED ALLEY ADJACENT TO THE SIPESES' HOUSE IN THEM.

¶2. Finding no error, this Court affirms the chancery court judgment.

FACTS

¶3. On July 11, 1985, James and Frieda Sipes purchased lots 18, 19, and 20 of Block 23 of the Town. Approximately two years later, they built a home on these lots. In September of 1994, the Sipeses constructed a storage house in the alley adjacent to their home.

¶4. On November 3, 1995, the Town filed a complaint to confirm and quiet title to the alley and remove any clouds created by the Sipeses. The Sipeses answered the complaint, and a trial was subsequently held in this matter.

ΒΆ5. Based upon the evidence, the chancery court determined that a proper dedication and platting had occurred. This platting and dedication was done by the Tishomingo Townsite Company, as ...


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