New Orleans Great Northern R. v. Belhaven Heights Co.
Mississippi Supreme Court
Appeal from chancery court of Hinds county. Hon. Lamar F. Easterling, Chancellor. Suit by the Belhaven Heights Company against the New Orleans Great Northern Railroad Company to cancel complainant’s deed to defendant or for damages. Decree for complainant for damages, but denying cancellation, and defendant appeals.
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Appeal from chancery court of Hinds county. Hon. Lamar F. Easterling, Chancellor. Suit by the Belhaven Heights Company against the New Orleans Great Northern Railroad Company to cancel complainant’s deed to defendant or for damages. Decree for complainant for damages, but denying cancellation, and defendant appeals. Tn order that a condition subsequent may be created, the breach of which will cause a forfeiture, it must be created “by express terms or by clear implication,” and it must clearly appear that such was the intention of both the parties to the deed. Soria v. Harrison County, 96…
1Opinion of the CourtStevens, J.
Appellee sued in equity to cancel a .certain deed executed by it to the New Orleans Great Northern Railroad Company for a, strip of land two hundred! feet wide in the northeast part of the city of Jackson, Miss., as described in the deed, to be used as a right of way. The bill avers that one Anderson, as the agent and representative of the railroad company, stated and represented to Mr. Coman, secretary of appellee company, that if the complainant, would donate or sell to the railroad company the strip of land in question, the railroad company would within a reasonable length of time…
2Cases cited9 opinions
- Chicago, Texas & Mexican Central Railway Co. v. TitteringtonTexas Supreme Court · 1892
- Henderson v. RailroadTexas Supreme Court · 1856
- City of San Antonio v. LaneTexas Supreme Court · 1869
- Dixon v. MillingMississippi Supreme Court · 1912
- Thornton v. City of NatchezMississippi Supreme Court · 1906
4 more not listed; retrieve them via the Exa API.
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