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115 Miss. 305

Stricker v. Codifer

Mississippi Supreme Court

Decided March 15, 1917

Mississippi Supreme Court · decided 1917-03-15

Hon. R. W. Cutrer, Chancellor. On Suggestion oe Error. Appellants, who were complainants in the court below,, filed a bill in chancery against appellee, the purpose of' which was to obtain a decree of the chancery court apportioning the accretion which had formed in front of the property on the hank of the Mississippi river, so-that they would have a water frontage on the new bed of the stream.

Modieied and Dismissed · Decided 1917-03-15

Per Curiam;.

¶1This cause was affirmed without an opinion, and it mow appears that the lines of the appellants, if extended in a straight line to the river, would cross Buffalo river, a small stream, and. that the parties ■claiming the land beyond Buffalo river and between said stream and the Mississippi river were not parties to the •suit, and their rights could not be adjudicated in their -absence. The decree should be modified, so as to dismiss the bill without prejudice of the appellants to file a new or amended bill, making said parties not before dhe court on this appeal parties defendant to the bill. *307'The former judgment will be modified to the extent of •dismissing the bill without prejudice to the right of the .appellants to file a new bill, bringing -in all necessary parties.

¶2So ordered.

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