Lewis v. Vicksburg & Meridian Railroad
Mississippi Supreme Court
From the circuit court of the first district of Hinds county. Hon. J. B. Chrisman, Judge. This is an action of ejectment brought by the appellants against the appellee for the possession of seventeen acres of land in the S. E. cor. of E. J, S. E. J, sec. 19, T. 6, E. 1, which is traversed by the right-of-way and track of the railroad company.
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From the circuit court of the first district of Hinds county. Hon. J. B. Chrisman, Judge. This is an action of ejectment brought by the appellants against the appellee for the possession of seventeen acres of land in the S. E. cor. of E. J, S. E. J, sec. 19, T. 6, E. 1, which is traversed by the right-of-way and track of the railroad company. Plaintiffs claim under a tax title obtained through the state, the land having been sold March 7, 1881, for the taxes of 1880. The company only defends for seven acres of the land, which is situated about the centre of the seventeen acres, and upon which…
1Opinion of the CourtCooper, J.
The land lying north of the railroad right-of-way is not and never has been used by the company in the operation of its road. It is not connected, save by proximity, with that part of the lot used as a depot and its approaches and as residences for the employes of the company. It is not a part of the depot ground in the sense that it is. convenient or necessary to the full use thereof, and while, as we held in Bradley v. V. & M. R. R. Co., 66 Miss. 518, the courts will not rigidly confine the exemption to the land covered by the buildings of the road, or actually and constantly used, it does…
2Cases cited1 opinion
- Vicksburg & Meridian Railroad v. BradleyMississippi Supreme Court · 1889
3Cited by2 opinions
- Richton Tie & Timber Co. v. McWilliamsMississippi Supreme Court · 1953
- Chapman v. McCullenMississippi Supreme Court · 1945