Williams v. New Orleans, Mobile & Texas Railroad
Mississippi Supreme Court
Appeal from the Chancery Court of Harrison County. Hon. George Wood, Chancellor. A statement of the case will be found in the opinion of the court.
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Appeal from the Chancery Court of Harrison County. Hon. George Wood, Chancellor. A statement of the case will be found in the opinion of the court. Only one question was seriously argued before the chancellor at the hearing, and that was the question (1) whether an easement or interest in lands could be acquired by a parol gift or contract; or (2) whether, assuming the fact that the complainant alone, through her vendor, had made a parol gift of the right of way over her lands, to defendant’s vendor, and defendant’s vendor had entered upon said right of way, and erected valuable railroad…
1Opinion of the CourtChalmers, J.
In 1869 or 1870 the New Orleans, Mobile and Chattanooga Kailroad Company constructed their line of road upon and across two lots of land belonging to Mrs. Garra way in the town of Biloxi, without any precedent compensation or condemnation, or written license for so doing. In 1873 Mrs. Garraway sold the land to Mrs. Williams, the complainant in this suit, and transferred to her in writing her claim against the railroad company for damages or compensation. In 1877 the railroad company, or those into whose hands the possession and control of its property had passed, instituted in the mode and…
2Cases cited3 opinions
- City of Chicago v. BarbianIllinois Supreme Court · 1875
- Stacey v. Vermont Central RailroadSupreme Court of Vermont · 1854
- Graff v. Mayor of BaltimoreCourt of Appeals of Maryland · 1857
3Cited by4 opinions
- Mississippi State Highway Commission v. TreasMississippi Supreme Court · 1945
- Haig v. Wateree Power Co.Supreme Court of South Carolina · 1922
- Louisville, New Orleans & Texas Railroad v. RyanMississippi Supreme Court · 1886
- Reynolds v. Railway Co.Supreme Court of Arkansas · 1894