Vicksburg & Meridian R. R. v. Barrett
Mississippi Supreme Court
From the circuit court of Hinds county, first district. Hon. J. B. Chrism an, Judge. On the 7th day of October, 1887, the Vicksburg & Meridian Eailroad Company instituted this action-of ejectment against the appellees, Tom Barrett d al., for the possession of a strip of land in the city of Jackson, adjoining the railroad, and claimed by the company as a part of its right of way, under a conveyance from Perry Cohea, made in March, 1837. Defendants also claim under Cohea, by…
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From the circuit court of Hinds county, first district. Hon. J. B. Chrism an, Judge. On the 7th day of October, 1887, the Vicksburg & Meridian Eailroad Company instituted this action-of ejectment against the appellees, Tom Barrett d al., for the possession of a strip of land in the city of Jackson, adjoining the railroad, and claimed by the company as a part of its right of way, under a conveyance from Perry Cohea, made in March, 1837. Defendants also claim under Cohea, by virtue of a deed made by him to one Morris in 1842. They hold through conveyances from Morris. At the point in…
1Opinion of the CourtCooper, J.
In March, 1837, Perry Cohea, then the owner of the land in controversy, and of several hundred acres of which it was a part, by deed granted to the Commercial and Eailroad Bank of Vicksburg, a right of way over said lands. The conveyance is of “ a right of way and free passage over a certain tract of land .... containing about four hundred acres” (describing the land), “ not exceeding one hundred feet in width, across said land, or over any part thereof for the location and construction of a railroad from Vicksburg to Jackson; and full power and authority is given and granted to said company,…
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