Lott v. Payne
Lott v. Payne
Opinion of the Court
delivered the opinion of the court.
It is perfectly manifest that the language, “said strip of ground to be used as a private easement or for street purposes only,” was meant to clearly limit the estate granted by Durham to Witherspoon, and by Witherspoon to appellees. Hart v. Gardner, 74 Miss., 153; 20 South., 877; Robinson v. Miss. R. Co., 59 Vt., 426; 10 Atl., 522; Richards v. The Church, 20 How. Prac., 317, and other authorities cited by counsel for appellant. It was manifest error to refuse! to reopen the case and permit Durham, the grantor, to show the whole environment— the situation of the parties and of the property at the time of the execution of the deed to Witherspoon, and at the time-of
Reversed and remanded.
Reference
- Full Case Name
- Martha H. Lott v. Wilson W. Payne
- Cited By
- 2 cases
- Status
- Published
- Syllabus
- 1. Deeds. Easement. Ejectment Right of way. Possession. The owner of the legal title to a strip of land may maintain ejectment therefor against a defendant exercising exclusive possession thereof, although the latter have a right of way over the same. a. Same. A deed to a strip of land limiting the grantees interest to “a private easement or for street purposes only,” does not authorize the' grantee to take exclusive possession of the land.