Hesdorffer v. Pearl River Valley Water Supply District

Mississippi Supreme Court

Hesdorffer v. Pearl River Valley Water Supply District

572 So. 2d 1209, 1990 Miss. LEXIS 801, 1990 WL 257418

Mississippi Supreme Court·Decided December 12, 1990·No. No. 07-CA-59254·Published

Opinion

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.

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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.

Hesdorffer v. Pearl River Valley Water Supply District, 572 So. 2d 1209, 1990 Miss. LEXIS 801, 1990 WL 257418 (Mich. 1990).

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572 So. 2d 1209 (Hesdorffer v. Pearl River Valley Water Supply District) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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