LOUISVILLE & N.R. CO. v. ELLIS

No. 52728.

402 So.2d 853 (1981)

The LOUISVILLE AND NASHVILLE RAILROAD COMPANY, et al. v. J.C. ELLIS, Jr.

Supreme Court of Mississippi.

August 26, 1981.


Attorney(s) appearing for the Case

George E. Morse, White & Morse, Alben N. Hopkins, James K. Wetzel, Hopkins & Logan, Gulfport, for appellants.

C. Randall Jones, Jr., Pass Christian, Gail A. Crowell, Harry R. Allen, Bryan, Nelson, Allen & Schroeder, Gulfport, for appellees.

Before SMITH, P.J., and LEE and BOWLING, JJ.


SMITH, Presiding Justice, for the Court:

This case involves a suit by the city of Pass Christian, in which one J.C. Ellis Jr., a real estate developer who had acquired land north of the tracks of L & N Railroad Company, joins to enforce the city's rights under an easement granted to it by the railroad in 1957 for the purpose of extending Elva Drive, a city street, across the L & N right-of-way. Elva Drive, at the time of the grant, (and until the present litigation...

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