Mobile & O. R. Co. v. Strain
Mississippi Supreme Court
Appeal from chancery court of Lee county. Hon. A. J. McIntyre., Chancellor. Suit by the Mobile & Ohio Eailroad Company against C. E. Strain. From a decree dismissing the bill, plaintiff appeals.
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Appeal from chancery court of Lee county. Hon. A. J. McIntyre., Chancellor. Suit by the Mobile & Ohio Eailroad Company against C. E. Strain. From a decree dismissing the bill, plaintiff appeals. We contend that under the undisputed facts and circumstances (being the agreed facts of this case) the claim and possession of Strain and those thru whom he claims title never began to be adverse in the true sense of the law until the railroad company needed this property for railroad purposes, which the agreed facts show was only a very short time before the bringing of this suit. Here we have a case…
1Opinion of the CourtSykes, J.
The appellant railroad company by hill in the chancery court seeks to confirm its title and remove therefrom as a cloud thereon the alleged pretended claim of title of the oppeliee, C. R. Strain, to a certain lot or piece of ground situated in the town of Tupelo. The answer of the defendant, Strain, denies the title of the complainant railroad company and claims title to this land because of the adverse, open, notorious, and continued possession of the land under claim of title by himself and his predecessors in title for a period of about thirty years. The case was tried on pleadings and an…
2Cases cited11 opinions
- Briel v. City of NatchezMississippi Supreme Court · 1873
- Graham v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Arkansas · 1901
- Alexander City U. W. & S. Co. v. Central of Ga. Railway Co.Supreme Court of Alabama · 1913
- City of Vicksburg v. MarshallMississippi Supreme Court · 1882
- Roberts v. Sioux City & Pacific RailroadNebraska Supreme Court · 1905
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3Cited by6 opinions
- Seaboard Air Line Railway Co. v. Board of Bond Trustees of Special Road & Bridge District No. 1Supreme Court of Florida · 1926
- Faulks v. SchriderCourt of Appeals for the D.C. Circuit · 1940
- Mississippi Export Railroad v. RouseMississippi Supreme Court · 2006
- Southern Railway Co. v. ForrestCourt of Appeals of Tennessee · 1931
- Mississippi Export Railroad Company, Inc. v. Malcolm E. RouseMississippi Supreme Court · 2004
1 more not listed; retrieve them via the Exa API.