ALA. & VICKSBURG R. CO. v. MASHBURN

No. 40960.

235 Miss. 346 (1959)

109 So.2d 533

ALABAMA & VICKSBURG RAILWAY COMPANY v. MASHBURN

Supreme Court of Mississippi.

February 23, 1959.


Attorney(s) appearing for the Case

Brunini, Everett, Grantham & Quin, Jackson and Vicksburg; Wright, Overstreet, Kuykendall & Perry, F.L. Wright, Jr., Byrd, Wise & Smith, Jackson, for appellants.

James H. Adams, Raymond; Wells, Thomas & Wells, L.A. Wyatt, Jackson, for appellees.


ROBERDS, P.J.

The question for decision herein is whether appellant Railroad has a fee simple title to, or a mere easement in and over, a strip of land, comprising 5.45 acres, described in the bill, and being a part of the right-of-way of said Railroad. The chancellor held that the Railroad has only an easement. The question has given us much concern. A majority of the Court has...

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