873 So. 2d 1067 - Moran v. Sims’s Empirical Analysis
2004
Citation profile
19
cited by 19 later decisions
1
states following
November 2017
most recently cited
19 state decisions
Relationships
Relies on Armstrong v. Itawamba County · Myers v. Blair · 749 So. 2d 41 - Sharp v. White · 630 So. 2d 996 - Rutland v. Stewart
Most-quoted passages
The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 19 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“`Exclusive' use does not mean that no one else used the driveway. Exclusivity here means that the use was consistent with an exclusive claim to the right to use.”
4 later decisions quote this exact passage“The precise issue is whether- the ditch referred to in the subject- deed is the ditch constructed by the- parties’ father many years ago, or the Martin Creek Branch.- Our appellate court- has explained: There are a variety of accepted methods of describing real property. A valid means is by reference to monuments. Natural monuments-. include rivers, lakes, streams, or trees; artificial monuments include such landmarks as fences, walls, houses, streets, or . ditches. Descriptions ; employing monuments may in part also employ a “metes and bounds” description. That method uses a- measurement of length (metes) along certain boundary lines (bounds). Monuments, natural or artificial, can disappear, or be altered, so there is an inherent danger in long-time use of monu ments. The risk does not invalidate the use. What is needed in any description is accuracy and clarity. Descriptions using monuments are valid even when there is no surveyor’s angle and distance description, so-called “courses and distances” descriptions. [Moran v. Sims, 873 So.2d 1067, 1070 (¶ 15) (Miss. Ct. App. 2004).] The common usage of ditch is for “a long narrow hole that is dug along a road, field, etc., and used to hold or move water” or “a long narrow excavation dug in the earth (as for drainage).” Merriam-Webster Dictionary. Notably, this refers to a man-made water course rather than a natural one. It is undisputed that a ditch was constructed by the parties’ father, and is readily identifiable. It is also ”
1 later decision quote this exact passage
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.