Louisville, New Orleans & Texas Ry. Co. v. Day

Citations

• 67 Miss. 227

Syllabus

<p>1. Estoppel. Land. Licensee. Parol gift.</p> <p>Where a father, the owner of a large tract of land, licenses his son to enter upon a part of it under a parol agreement that the son is to occupy and pay taxes on such part, and on the happening of a certain contingency in future, is to receive a deed ; and subsequently a railroad is built across the tract, all of which is assessed to the father, and after condemnation proceedings and considerable litigation as to the right of way between the company and the father, the company pays him and receives a deed for the right of way, all of which is known to the son, who is silent, he cannot afterwards assert title as against the company and recover for trees cut along the right of way, although he had been in possession in the manner stated more than ten years.</p> <p>2. Same. Unrecorded deed. Notice.</p> <p>If, in such case, prior to the purchase by the railroad, the son has received a deed for the land, which is not recorded, he could not claim thereunder as against the company; and, even with a prior recorded deed, it would be questionable whether his right would prevail against the company under the circumstances.</p> <p>3. Supreme Court. Practice. Remitiltur refused. New trial.</p> <p>Where an appellee has improperly recovered judgment, and his right to any recovery is doubted, the supreme court will not allow a remittitur of part of the judgment and affirm as to part, but will reverse and remand for a new trial.</p>