Madden v. Louisville, New Orleans & Texas Railway Co.
Mississippi Supreme Court
Appeal from the circuit court of Warren county. Hon. Ralph North, Judge. Ejectment by appellant, Julia Madden, against the appellee, The Louisville, New Orleans and Texas Railway Co. The defendant’s title to the land in controversy depends upon the validity of certain proceedings by which it was condemned, and under which condemnation proceedings defendant took possession and claims title.
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Appeal from the circuit court of Warren county. Hon. Ralph North, Judge. Ejectment by appellant, Julia Madden, against the appellee, The Louisville, New Orleans and Texas Railway Co. The defendant’s title to the land in controversy depends upon the validity of certain proceedings by which it was condemned, and under which condemnation proceedings defendant took possession and claims title. The statute authorizing and regulating the condemnation is found in the charter of the “ New Orleans, Baton Rouge, Vicksburg and Memphis Railroad Co.,” approved March 9, 1882. See Acts 1882, 920. By…
1Opinion of the CourtCampbell, J.
There can be no denial of the doctrine of “ election,” as an established rule of law, but, like its theological namesake, it is held and applied with many variations by the hundreds of cases, in *274which it has been invoked. It is not difficult to produce decisions, which seem, on slight examination, to support the contention of counsel that our opinion in this caséis at variance with the accepted doctrine of election, but we have examined not only the citations of counsel, but many more, and confidently affirm that uo case can be found, which, on attentive examination of all its features, will…
2Cases cited3 opinions
- Dash v. Van KleeckNew York Supreme Court · 1811
- Watson v. WatsonMassachusetts Supreme Judicial Court · 1880
- Potter v. BrownMichigan Supreme Court · 1883
3Cited by8 opinions
- State v. the PraetoriansTexas Supreme Court · 1945
- Murphy v. HutchinsonMississippi Supreme Court · 1908
- R. R. v. . R. R.Supreme Court of North Carolina · 1908
- Anaconda Aluminum Co. v. SharpMississippi Supreme Court · 1962
- Craft v. DeSoto CountyMississippi Supreme Court · 1901
3 more not listed; retrieve them via the Exa API.