The Brookhaven leader., 1884-04-17
END or THE MARKET HOUSE
CASE.
FuH Text OF the Decision by the Su-
preme Court.
MAYOR AID ALDERarN or TnE CITY OF
HkOUKHAVES
MARTHA l.. NAGHLTT.


C,fcui. Court &c Lincoln Colnty.
Chalmers, J. delivered the uplEiun Of tAe
Court.
In October, 1867, the wnof Broukha.
ven entered into Il contract with X. W.
Mllsaps by which il WAS agreed that Mill
saps should erect a Market house tor the
town and for his compensation should have
the occupancy thereof for twelve Years un
der the existing regulations and ordinan-
ccs with reference to the manner of it,
control and use. Ii was contemplated by
both parties that the building would be
erected on the right VI way OF the New
Orleans aud Jackson K. X. which ran
through the centre of the town; and ac-
curdingly the municipal authorities sought
and obtained the consent of the Railroad
authorities TO its location on their right OF
way. This consent was evidenced by a
letter written hy the General SuperInten-
dent of the Railroad company stating that
he had mo objection ~ its being 50
built.
Under this contract Millsaps built the
house and entered upon the business of
keeping the market letting ont the stalls
therein rs butchers and others for yearly
or monthly rents.
In a short time he sold out and transfer
red all his rights to Mrs. Baggett whose
husband had been the Mayor OF the town
no had obtained from the Superintcn-
dent of the Railroad the privilege of build
ing upon the right of way of the Railroad
company. Mrs. Iiaggett continued with
ont interruption in the exercise Of the
right acquired 10y the transfer until lS72.
when the Mayor and Aldermen made II
change in the market ordinances which
she thought detrimental To her interests,
for which she bought Suit against III"
town for damages alleged to have been
sustained 10y rrarUn of such change III the
ordinances. This suit was compromised
by an agreement upon her part To snrren
der 70 the town he use of a portion uf the
hniluing for occupation as an office 10y the
MaNor and an agreement u!'uH the part "f
the town authorities. that her rights i'm
der the original contract should be extern
died for six years longer, that is to say
until lst January. l~~c.
This CONTRACT was in writing, signed and
sealed by Baggrtt and wife and by the
Mavor and Aldermen.
In this Hrittrn contract Of compromise
the original contract between V Millsaps
and the town is spoken ct as lease 10y
the former from the latter, and tie stipula-
ton is that this "leaSe shall bic extended
to January, lSS~.'
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