Yazoo & Mississippi Valley Railroad v. Lakeview Traction Co.

Citations

• 100 Miss. 281
• 56 So. 393

Syllabus

<p>1. Deeds. Construction. Forfeitures. Conditions subsequent. Breach„ Right of re-entry. Limitations. Rents.</p> <p>The law does not look with favor upon forfeitures; and the provisions of a deed in oases of doubt or obscurity are construed most strongly against the grantor; all that is required is a substantial compliance with a condition subsequent and no restrictions or limitations will be enforced which cannot fairly be inferred from the terms of the instrument.</p> <p>2. Deeds. Construction. Intention of the parties.</p> <p>In cases of ambiguity in contracts the contemporaneous construction which the parties thereto placed upon the contract should be looked to in order to ascertain the intention of the parties.</p> <p>3. Railroad. Right of way. Deed. Construction. Condition subsequent.</p> <p>Where the original owner of land conveyed to a railroad a right of way and two' lots adjoining the right of way in consideration that the railroad was to locate a depot and build section houses on the two lots, but upon the express condition that in case the railroad or its assigns should at any time remove said depot or section houses or both off the land then the same was to revert to the grantors, their heirs or assigns, and thereafter the said road moved the depot building off the lot upon which it was built, leaving the section houses on the other lot, held, that the removal of the depot operated as a breach of the condition subsequent as to the lot upon which it was built, but not as to -the other lot.</p> <p>f4. Deeds. Construction.</p> <p>In construing a deed the court must give force and effect to every word used in the instrument, if by so doing harmony can be preserved. It cannot strike out of the deed any word which by so doing will alter its meaning.</p> <p>•T>. Deeds. Breach of conditions. Condition subsequent. Vendor and vendee.</p> <p>When a remote vendor has conveyed land on a condition subsequent, a subsequent vendee claiming through him acquires the rig