New Orleans, Mobile & Chattanooga Railroad v. Frederic
Mississippi Supreme Court
Appeal from the chancery court of Jackson county. Henderson, Chancellor. The facts of this case are stated in the opinion of the court. It will be found difficult to assign tbe bill in this cause to any ground of equity jurisdiction. The complainants are in possession under a purely legal title. The railroad company claim, under an award, which, though made in a proceeding in its nature judicial, cannot be enforced by process.. There is no writ of possession possible.
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Appeal from the chancery court of Jackson county. Henderson, Chancellor. The facts of this case are stated in the opinion of the court. It will be found difficult to assign tbe bill in this cause to any ground of equity jurisdiction. The complainants are in possession under a purely legal title. The railroad company claim, under an award, which, though made in a proceeding in its nature judicial, cannot be enforced by process.. There is no writ of possession possible. The right of entry exists, but it exists, as does that right, in every one having the legal title. If the proceeding was void,…
1Opinion of the Court
Tarbell, J.:
Emilie Frederic, widow of Lewis A. Frederic, deceased, and the children and heirs of said deceased, in 1870 filed their bill in the chancery court of Jackson county, against the New Orleans, Mobile & Chattanooga Eailroad Company, an incorporated company under the laws of the states of Alabama and Mississippi, to restrain said company from proceeding, under their charter, to acquire the lands of the complainants for the use of the company. The bill states that the decedent, in his life time, was the owner of a tract of land on the east bank of the Pascagoula river, having a front…
2Cases cited9 opinions
- Gardner v. CollinsSupreme Court of the United States · 1829
- Pettit v. ShepherdNew York Court of Chancery · 1835
- Bensley v. Mountain Lake Water Co.California Supreme Court · 1859
- Burt v. CassetySupreme Court of Alabama · 1848
- Cruger v. . the Hudson River Railroad Co.New York Court of Appeals · 1854
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3Cited by3 opinions
- City of Benwood v. Wheeling Railway Co.West Virginia Supreme Court · 1903
- Wilson v. St. Regis Pulp & Paper CorporationMississippi Supreme Court · 1970
- Cameron v. Board of SupervisorsMississippi Supreme Court · 1872