Hill v. Woodward
Mississippi Supreme Court
Appeal from the chancery court of Calhoun county. Hon. I. T. Blount, Chancellor. Suit by E. E, Woodward et al. against J. W. Hill et al. for partition. From a decree granting relief, defendants appeal. In 1871 Aulston Woodward and T. T. Enochs purchased, by joint deed from J. W. Brake, certain lands in Calhoun county, Miss., the subject of this controversy, and thereby became tenants in common of said land.
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Appeal from the chancery court of Calhoun county. Hon. I. T. Blount, Chancellor. Suit by E. E, Woodward et al. against J. W. Hill et al. for partition. From a decree granting relief, defendants appeal. In 1871 Aulston Woodward and T. T. Enochs purchased, by joint deed from J. W. Brake, certain lands in Calhoun county, Miss., the subject of this controversy, and thereby became tenants in common of said land. At that time the land was of little value, being situated in a river swamp, and being what is known as wild or uncleared land, and being entirely without any improvements at all. Taxes…
1Opinion of the CourtMayes, C. J.
The title of appellees to the land in controversy, to the extent claimed by them, is established so clearly as to put it beyond the realm of controversy. The only question in the case which requires discussion is the question raised by the railroad company as to the right of appellees to have partition as against them. It is argued that the railroad company secured deeds granting to it •a right of way over the land, and that it has constructed its line of railway on same, and is now using the property in the operation of its road from Oklona, through the town of Vardaman, to Calhoun City,…
2Cases cited4 opinions
- Pittsburgh, Cincinnati, Chicago & St. Louis Railway Co. v. FishIndiana Supreme Court · 1902
- Gooch v. . McGeeSupreme Court of North Carolina · 1880
- Beck v. Louisville, New Orleans & Texas RailroadMississippi Supreme Court · 1887
- Connor v. Tennessee Cent. Ry. Co.Court of Appeals for the Sixth Circuit · 1901
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- Berry v. Southern Pine Electric Power Ass'nMississippi Supreme Court · 1954
- New Orleans & Northeastern R. R. v. MorrisonMississippi Supreme Court · 1948
- Slater v. Shell Oil CompanyCalifornia Court of Appeal · 1940
- Whelan v. JohnstonMississippi Supreme Court · 1942
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