Mobile & O. R. Co. v. Strain

Citations

• 125 Miss. 697
• 88 So. 274

Syllabus

<p>1. Adverse possession. Adverse occupation of railroad right of way for ten years gives title.</p> <p>Where a stranger in title to a railroad company obtains adverse, open, notorious, and exclusive possession of a part of its right of way and so occupies it for a period of ten years, claiming it as his own, he thereby obtains title by adverse possession.</p> <p>2. Advebsb possession. User of railroad right of toay and, cultivation of gtarden under claim of title gives title after ten years.</p> <p>Where the owner of property fences in a part of a railroad right of way immediately adjoining his property and continuously uses it and cultivates it as a garden, claiming title thereto, and has exclusive possession of it for a period of ten years, he acquired title thereto by adverse possession.</p> <p>3. Adverse possession. Permissive use of right of way personal, and permission ceases when permitted party sells his adjoining property in connection with which permission given.</p> <p>Where the owner of a hotel by permission fences an adjoining lot which is a part of the right of way of a railroad company, this permissive use of the right of way is personal and ceases when the hotel is sold; and title by adverse possession may be obtained of this lot by remote grantees of the property by exclusive, open, notorious, and adverse possession thereof .under claim of title for a period of ten years. This possession is constructive notice of their adverse claim to the railroad company.</p> <p>4. Adverse possession. Title may he obtained to part of raATroad right of xvay not necessary to business as common carrier.</p> <p>Section 184 of the Constitution of 1890 makes railroads public highways. Title by adverse possession may be acquired of a part of its right of way not in actual use, and not necessary for the transaction of its business as a common carrier.</p>