Scott v. Mississippi Eastern Ry. Co.

Citations

• 135 Miss. 49
• 99 So. 505
• 1924 Miss. LEXIS 11

Syllabus

<p>Adverse Possession. Vendor and purchaser. Railroad losing right of way ten years held entitled to width so used; court may decide question of fact as to width.</p> <p>Where a suit is brought against a railroad company for damage to a tract of land by reason of the operation of a railroad through it, and where complainant’s chain of title shows a right of way was reserved in the grant to him, though not sufficiently described, if the railroad be in actual existence over such land at the time of such conveyance, the plaintiff does not acquire title to the right of way, and the court may decide the question of fact as to what width was actually used, and, if the railroad has used it for ten years or longer before the suit, it has title to the width of the right of way used by it.</p>