Lott v. Payne
Mississippi Supreme Court
From the circuit court of Lauderdale county. Hon. Guión Q. Hall, Judge. Mrs. Lott, appellant, was plaintiff in the court below; Payne and others, appellees, were defendants there. The action was an ejectment, and from a judgment in defendant’s favor the plaintiff appealed to the supreme court. The suit was brought to recover a strip of land lying between lots owned by appellant and appellees in Meridian.
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From the circuit court of Lauderdale county. Hon. Guión Q. Hall, Judge. Mrs. Lott, appellant, was plaintiff in the court below; Payne and others, appellees, were defendants there. The action was an ejectment, and from a judgment in defendant’s favor the plaintiff appealed to the supreme court. The suit was brought to recover a strip of land lying between lots owned by appellant and appellees in Meridian. It was agreed between the parties that the common source of title was D. O. Durham. Appellant introduced a deed from D. C. Durham to herself, conveying the strip of land sued for, and other…
1Opinion of the Court
Whiteiekd, O. J\,
delivered the opinion of the court.
It is perfectly manifest that the language, “said strip of ground to be used as a private easement or for street purposes only,” was meant to clearly limit the estate granted by Durham to Witherspoon, and by Witherspoon to appellees. Hart v. Gardner, 74 Miss., 153; 20 South., 877; Robinson v. Miss. R. Co., 59 Vt., 426; 10 Atl., 522; Richards v. The Church, 20 How. Prac., 317, and other authorities cited by counsel for appellant. It was manifest error to refuse! to reopen the case and permit Durham, the grantor, to show the whole environment—…
2Cases cited4 opinions
- Robinson v. Missisquoi R. R.Supreme Court of Vermont · 1887
- Hart v. GardnerMississippi Supreme Court · 1896
- Gordon v. SizerMississippi Supreme Court · 1863
- Richards v. North West Protestant Dutch ChurchNew York Supreme Court · 1859
3Cited by2 opinions
- Feld v. Young Men's Hebrew Ass'nMississippi Supreme Court · 1950
- Feld v. YM HEBREW ASS'N.Mississippi Supreme Court · 1950