Yazoo & Mississippi Valley Railroad v. Baldwin's Executors

Citations

• 78 Miss. 57

Syllabus

<p>1. Deeds. Construction.</p> <p>A deed by which a railroad company acquired a right of way and depot grounds must be construed according to its meaning as evidenced by the entire instrument; and when it is apparent therefrom, considered in the light of the environment of the parties and the purposes of the contract, that the company bound itself to establish and maintain a depot on the premises, such obligation will be enforced, although, by the literal terms used, it agreed only to establish one.</p> <p>2. Same. Conditions violated. Right to stie for damages.</p> <p>If a railroad company continue to hold and use land conveyed to it upon condition that it will establish and maintain a depot on the premises, and it violate the condition, the grantor may, without rescission, maintain an action for damages resulting therefrom.</p>