Yazoo & Mississippi Valley Railroad v. Lakeview Traction Co.
Mississippi Supreme Court
Appeal from the circuit court of DeSoto county. Hon. W. A. Roane, Judge. Suit in ejectment by the Lakeview Traction Company against the Yazoo & Mississippi Yalley Railroad Company. From a judgment granting relief in part to the plaintiff, defendant appeals and plaintiff prosecutes a cross appeal.
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Appeal from the circuit court of DeSoto county. Hon. W. A. Roane, Judge. Suit in ejectment by the Lakeview Traction Company against the Yazoo & Mississippi Yalley Railroad Company. From a judgment granting relief in part to the plaintiff, defendant appeals and plaintiff prosecutes a cross appeal. The deed from Montana to the railroad company is as follows: “This indenture, made and entered into this 7th day uf February, A. D. 1884, by and between A. P. Montana and his wife, Lizzie C. Montana, parties of the first part, and the New Orleans, Baton Rouge, Yicksburg & Memphis Railroad Company,…
1Opinion of the CourtMcLean, J.
This is an action of ejectment, brought by appellee for the recovery of two lots or parcels of land, and also for rents. The plaintiff recovered judgment in the court below for one of the lots, but rents were denied. The defendant appeals, and the plaintiff in the court below prosecutes a cross-appeal, and assigns as error, first, that it was entitled to recover both lots sued for, and also the rental value of the property; while the contention of the appellant is that the plaintiff should not have recovered either lot. There is no question as to the title, but the whole question hinges on…
2Cases cited2 opinions
- Memphis & Charleston Railroad v. NeighborsMississippi Supreme Court · 1875
- Dean v. TuckerMississippi Supreme Court · 1880
3Cited by9 opinions
- Stewart v. WeaverSupreme Court of Alabama · 1956
- Hathorn v. Illinois Cent. Gulf R. Co.Mississippi Supreme Court · 1979
- New Orleans Great Northern R. Co. v. HathornMississippi Supreme Court · 1987
- Allen v. BoykinMississippi Supreme Court · 1946
- Hamilton v. City of JacksonMississippi Supreme Court · 1930
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