Alabama & V. Ry. Co. v. Joseph

Citations

• 125 Miss. 454
• 87 So. 421

Syllabus

<p>1. Abvebse Possession. Possession must be exclusive, under claim of right, and for statutory period; city using railroad right of way as street held to acquire title to extent of use only.</p> <p>To acquire land by adverse possession, the possession must not only continue for the statutory period, but it must be exclusive and under claim of right; and, where a city uses a portion of a railroad right of way as a street for the passage of pedestrians and vehicles only, not excluding the railroad from the said land, it acquires only to the extent of the use, and has not right to place structures on the land, nor to permit others to do so.</p> <p>2. Advebse Possession. Running trains over railroad right of way held use of entire right of way in absence of inclosure by adverse claimant and adverse use.</p> <p>The running of trains over the right of way is a user of its entire right of way, unless some part is inclosed by the adverse claimant and used adversely to the railroad for the statutory period.</p> <p>3. Limitation of Actions. Limitations may be set up by person entitled, and is not available by mere licensee of such person.</p> <p>As a general rule, the statute of limitation is personal to the person entitled to plead it, and cannot be set up by a third person who has' acquired no property interest in the property. It is not available by a mere license of a person who might claim thereunder, but has' not done so.</p>