Property Law Keyed to Cribbet
Edwards v. Sims
ProfessorTodd Berman
CaseCast™ – "What you need to know"
Facts
The entrance to the Great Onyx Cave was located on the Petitioner’s property. The Petitioner opened the cave to exploitation and public show. Lee owned the neighboring property. In an underlying case, Lee sued the Petitioner to compel a survey of the cave to determine whether any portion of the cave fell within the boundaries of Lee’s property. In that case, the Respondent here, Chancellor Sims (Respondent) ordered a survey. The Petitioner appealed that ruling and the Court of Appeals found the appeal was filed prematurely. The Petitioner, being aggrieved, filed the instant case in the form of a Petition for Writ of Prohibition against Chancellor Sims, who was sitting as the court of equity.
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