Vicksburg & Meridian Railroad v. Ragsdale
Mississippi Supreme Court
Appeal from the Chancery Court of Hinds County. Hon. E. W. CabANIss, Chancellor. argued the case orally, and filed a brief, making the following points : — 1. The bill cannot be maintained to enforce a forfeiture of the grantee’s rights for breach of condition, because equity never lends its aid to enforce a forfeiture, 2 Story Eq. Jur. § 1319; 4 Kent Com. 130; Livingston v. Tompleins, 4 Johns.
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Appeal from the Chancery Court of Hinds County. Hon. E. W. CabANIss, Chancellor. argued the case orally, and filed a brief, making the following points : — 1. The bill cannot be maintained to enforce a forfeiture of the grantee’s rights for breach of condition, because equity never lends its aid to enforce a forfeiture, 2 Story Eq. Jur. § 1319; 4 Kent Com. 130; Livingston v. Tompleins, 4 Johns. Ch. 415; nor on the ground that the objects of the grant have not been accomplished, for the bill shows that these objects rest in extrinsic parol agreements. There is no fraud, accident, mistake or…
1Opinion of the CourtSimrall, C. J.
In 1857, the Southern Railroad Company (now the Vicksburg and Meridian Railroad Company) was prosecuting the construction of its road eastward from Brandon; and anticipated making a junction with the Mobile and Ohio Railroad, within the course of three years or thereabouts. At the same time, the North-eastern and South-western Alabama Railroad Company were constructing a line of road, pointing to a western terminus at the same place. L. A. Ragsdale, who had become a large proprietor of land at or near the point of the projected junction and intersection, was desirous of reaping the advantages…
2Cases cited7 opinions
- Memphis & Charleston Railroad v. NeighborsMississippi Supreme Court · 1875
- Lee v. GardinerMississippi Supreme Court · 1853
- Wilie v. BrooksMississippi Supreme Court · 1871
- Nixon's Heirs v. Cargo's HeirsMississippi Supreme Court · 1854
- Kempe v. PintardMississippi Supreme Court · 1856
2 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Brewster v. Lanyon Zinc Co.Court of Appeals for the Eighth Circuit · 1905
- Indiana Oil, Gas & Development Co. v. McCrorySupreme Court of Oklahoma · 1914
- Lindsay v. CooperSupreme Court of Alabama · 1891
- Heyman v. HeymanIllinois Supreme Court · 1904
- Smith v. HoffmanMontana Supreme Court · 1919
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