Yazoo & M. V. R. Co. v. Sunflower County

Citations

• 125 Miss. 92
• 87 So. 417

Syllabus

<p>1. Raileoads. Effect of consolidation on right of way over school section stated.</p> <p>When the Yazoo & Mississippi Valley Railroad Company created by the Laws of 1882, chapter 541, page 838, consolidated with the Louisville, New Orleans & Texas Railroad Company, the effect was to create a new corporation subject to the existing laws of state; and under section 211 of the state Constitution of 1890 the fee in the sixteenth section lands which had not then passed could not thereafter become vested in a corporation or an individual; and a right of way laid out after such consolidation, . which occurred in October, 1892, over sixteenth section lands, did not vest any right or title to said sixteenth section lands under section 7 of the Charter of the original Yazoo & Mississippi Valley Railroad Company.</p> <p>2. Public lands. Railroad lessee of school section holding over after expiration of lease estopped to set up adverse claim.</p> <p>Where a railroad company, after the Constitution of 1890 went into operation, leased from a board of supervisors a right of way for a term of years, and under such lease constructed its right of way and track across the sixteenth section lands held in trust by the state, and continued in possession after the expiration of its lease -without giving notice of its intention to claim title and without surrendering possession of the said right of way, it cannot under such facts set up an adverse claim to the county’s reversion and assert a hostile title.</p>