Sproule v. Alabama & Vicksburg Railway Co.
Mississippi Supreme Court
From the circuit court of Warren county. Hon. Oliver W. Catchings, Special Judge. The railway company, appellee, was the plaintiff, and Sproule, the appellant, the defendant in the court below. The action was one of forcible entry and unlawful detainer for the recovery of a small, triangular piece of land in the city of Vicksburg. Neither party offered in evidence any paper title to the land.
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From the circuit court of Warren county. Hon. Oliver W. Catchings, Special Judge. The railway company, appellee, was the plaintiff, and Sproule, the appellant, the defendant in the court below. The action was one of forcible entry and unlawful detainer for the recovery of a small, triangular piece of land in the city of Vicksburg. Neither party offered in evidence any paper title to the land. The testimony showed that the railway had for many years used its track, from the center of which the land in suit was within fifty feet, although no part of the track was on said land; that it had…
1Opinion of the CourtTerral, J.
This is an action for a strip of land adjacent to the track of *91the railway company, and claimed by it as a part of the right of way. It has been, since the construction of the road, in the use and occupation of the company in the same manner and to the same extent as other unfenced parts of its roadbed and right of way have been in its possession, and during all that time the company has exercised such usual acts of ownership as the nature of the property permitted, and such possession seems to be recognized by the law as actual and exclusive, and is, in our opinion, sufficient to justify the…
2Cited by3 opinions
- Snowden & McSweeny Co. v. HanleyMississippi Supreme Court · 1943
- Howie v. BondsMississippi Supreme Court · 1905
- Grayson v. RobinsonMississippi Supreme Court · 1961