Beck v. Louisville, New Orleans & Texas Railroad

Citations

• 65 Miss. 172

Syllabus

<p>1. Railroad Company. License by parol to right of way. Ejectment by subsequent owner. Case in judgment.</p> <p>In 1882 or 1883 a railroad company entered upon and occupied and used a strip of land belonging to K. as a right of way, under a parol license from K. The tract of land, including this strip, was afterwards conveyed in pursuance of a sale under an execution against K. to 18., who, in March, 1886, brought an action of ejectment against the railroad company to recover possession of the strip referred to. Held, that the action is maintainable. The parol license was revocable by the owner at pleasure, and when IC’s right to the land ceased any license by him was'subject to be ended by the will of the new owner. The protection afforded by K.’s license against a claim for damages could not affect B.’s right, as owner, to recover the land or its price.</p> <p>2. Same. Condemnation of right of way. Right of land owner thereto not exclusive of other remedies.</p> <p>A provision in the charter of a railroad company authorizing either the land owner or the company to institute proceedings to condemn a right of way, does not in any manner abridge the rights of the land owner, or preclude him from asserting them by other appropriate remedies, where there has been an entry and occupancy by the railroad company without having first obtained a right of way.</p>