Memphis & Charleston Railroad v. Neighbors
Mississippi Supreme Court
Appeal from the Chancery Court of Alcorn County. Hon. C. C. Cullens, Chancellor. The facts necessary to a full understanding of the questions involved and decided are set out in the opinion of the court. The following is assigned for error: 1. That the court below erred in not sustaining the demurrer to the bill, and in not dismissing the bill. 2. The court erred in overruling the demurrer to the bill.
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Appeal from the Chancery Court of Alcorn County. Hon. C. C. Cullens, Chancellor. The facts necessary to a full understanding of the questions involved and decided are set out in the opinion of the court. The following is assigned for error: 1. That the court below erred in not sustaining the demurrer to the bill, and in not dismissing the bill. 2. The court erred in overruling the demurrer to the bill. The grant is absolute up to the habendum clause, that proceeds on this wise: “To have and to hold the same, etc., for the only proper use of said railroad company, in the construction of…
1Opinion of the CourtSimrall, J.
This suit in chancery was brought by W. N. Neighbors and others against the Memphis & Charleston Eailroad Co. and the *416Mobile & Ohio Railroad Co., to cancel and set aside a deed made by William Leslie and Elizabeth, his wife, dated in September, 1855, conveying to the Memphis & Charleston Railroad Co. about eleven and one-half acres of land, at the intersection of the roads in the town of Corinth; and also a deed from the Memphis & Charleston Railroad Co. to an undivided half, or joint use of said parcel of land, to the Mobile & Ohio Railroad Co., executed in 1861.
William Leslie died in 1871,…
2Cases cited7 opinions
- Livingston v. TompkinsNew York Court of Chancery · 1820
- Dill v. CampSupreme Court of Alabama · 1853
- Huntington v. AllenMississippi Supreme Court · 1870
- Warner v. BennettSupreme Court of Connecticut · 1863
- Lawrence v. DaleNew York Court of Chancery · 1817
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3Cited by31 opinions
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