Legal Opinion

Gulf & Ship Island Railroad v. Singleterry

Mississippi Supreme Court

Decided March 15, 1901PublishedCited by 9 opinions

From the circuit court, first district, of Hinds county. Hon. Robert Powell, Judge. William Singleterry and his wife, appellees, were plaintiff's in the court below; the railroad company, the appellant, was defendant there. From a judgment in plaintiffs’ favor, the defendant appealed to the supreme court. The opinion of the court states the facts.

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From the circuit court, first district, of Hinds county. Hon. Robert Powell, Judge. William Singleterry and his wife, appellees, were plaintiff's in the court below; the railroad company, the appellant, was defendant there. From a judgment in plaintiffs’ favor, the defendant appealed to the supreme court. The opinion of the court states the facts. Our statute, code 1892, § 1983, without which the validity of the deed could not be questioned, was designed for the protection of wives and children. It was intended to operate upon such conveyances and incumbrances of the homestead as in their…

1Opinion of the CourtTerral, J.

Suit was brought by William and Maria Singleterry for $200 damages for the act of the defendant company in taking and appropriating as a right of way a strip of land of plaintiffs, one hundred feet wide and one-half mile long across the east half of southwest quarter of section 35, township 5, range 1, east, in Bankin county, and recovery was had for said sum. At common law this is a simple action of trespass guare clausum fregit, and the evidence of the plaintiffs below warranted the judgments obtained. The land trespassed upon is the homestead of the appellees, and the husband had, in…

2Cases cited4 opinions

  1. Copiah County v. LuskMississippi Supreme Court · 1899
  2. Memphis & Charleston Railroad v. PayneMississippi Supreme Court · 1859
  3. Canton, Aberdeen & Nashville Railroad v. FrenchMississippi Supreme Court · 1890
  4. Natchez, Jackson & Columbus Railroad v. CurrieMississippi Supreme Court · 1885

3Cited by9 opinions

  1. Hughes v. HahnMississippi Supreme Court · 1950
  2. Hudson v. Bank of LeakesvilleMississippi Supreme Court · 1971
  3. Hubbard v. Sage Land & Improvement Co.Mississippi Supreme Court · 1902
  4. Stuart v. Kennedy & Co.Mississippi Supreme Court · 1927
  5. Blair v. Frank B. Russell & Co.Mississippi Supreme Court · 1919

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