The Greenville times. [volume] (Greenville, Miss.) 1868-1917, 1890-09-06
IMPORTANT DECISION.

~~ -N+l ---- - AAA 10
cause OF its importance, a decision of
United States Judge Hill recently
rendered in the suit of Ford & Levy
vs.. the Delta Il Pine Land Co., and
lately pending in the United States
Court for the Southern District Of
Mississippi. In said suit the title to
secure $4,000 acres of land situated
in the Delta was involved directly /:
and that Of much greater quantity
situated as above in similar
suit brought by the aforesaid CON-
plainants VS.. the Louisville, New Or
leans and Texas Railway Company,
and pending in the United States
Court for the Northern District of
Mississippi. The title under which
the defendants hold and claim said
land was derived from the Liquidating
Levee Commissioners under decree of
the Chancery Court of Kinds county
in the case of Green VS.. Gibbs, and is
what is commonly known as the
aLiquidating Levee District" and un-
der which thousands OF acres of land
which are now being rapidly improved
are held. Complaiuants sought by
their bills in the above suits to have
the title of the defendants therein can
celled because, as they claimed, that
said land was exempt frcm taxatjo ol
under the charter Of the Memphis,
Selma Il Marion Railroad COMPANY,
aud under which complainants claimed
to derive titles; and because of irrcgu-
larities in the sale of said land. Both
of said points were decided by the
learned Judge against complainants
said Judge, in the latter point, placing
himself In line with the decisions of
the Supreme Court of this State in Its
decision on the curative acts of the
Legislature passed for the purpose Of
curing such defects as those complained
Of. Said decision is Of great import
ance and value TO the whole country,
and it should go far toward quicting
tax titles to land in this section-bcing
the first expression of a United States
Court on the merits Of case question
ing the validity of said titles, and con-
curing, as 1t does as hereinbefore
stated, with the decisions Of the
Supreme Court of this State. The
complainsnts in the above cases were
represented as counsel by Messrs.
Mayes, Sullivan y Whitfield, of Ok
ford, Miss, the Delta q Pine Land Co,
by Messrs. johnson 4 Yergcr, Of
jackson, Mise; and the L., N. o. u I.
R'y Co. by Messrs. W. p. n j. B. Har-
ris, Of jackson, Miss, and Messrs,
Ycrger & Percy, of this city.
| In the Circuit Court of the United
States for the Southern District Of
Mississippi, May term, 1890.
Ford and Levy /
vs.. 7
The Delta and Pine Land Co. ct ais. }
This cause Is submitted upon bill,
answers, exhibits and proofs, and ar
gument of the counsel. The pleadings
and proofs are exceedingly volumi-
nous, but after having been carefully
examined and considered they show
the following facts:
On the 2srd dav Ct November, 1859,
/ an Act was passed by the Legislature
of this State "to incorporate Che Mem.
phis, Holly Springs and Mobile hail-
road Company by the first section OF
which, the corporation proposed to be
chartered was authorized to purchase,
receive, hold and enjoy real and per-
sonal estate, and the same to retain to
them. their successors and assigns 90
| far as II may be necessary for their
accommodation and convenience in
| the transaction Of their business; aud
such as may in good faith be conveyed
to them by way of security, or salts.
faction of debts, or by donation; and
the same to sell, grant, or otherwise
dispose of, provided said company
shall not be SLOWED to have IN theil
: own name, or In any other manner
for their use and benefit, more land
than Is necessary for the convenience
of their railroad, therein provided for
including the right of way and ground'
, proper and necessary fqr depots, Tx
lures and buildings, pertaining to sale
road for longer period than nv!
wears. after the completion Of said road
on pain of forfeiture 10 the origina
owners of such lands, oil right ant
title theret9,
The 10Th section of this act enact
that the capital stock, and oil the prop
erty and effects of said company, shal
be exempt from taxation until salt
road is completed, provided it Is com
menced within two years and compile
ted within ten years from and ate
the massage of this act. Acts OF lSby-o'
nages 81 to 60. Nothing more
shown TO have been done until tn
26th of February, 1867, when the leg
, fslaiure passed dan act TO revive am
amend the act Of incorporation OF th
: Memphis, Holly Springs and Alabam
\ Railroad Company by the first ses
tiou of which Il Is provided, that tn
above recited act is revived, and tina
the style of the Railroad Compan
shall, hereafter, be known as the Men
phis. Holly Springs, Okolona and De
!, ma isailroad Company.
The second section Of this last a'
provides that the company shall hav
three years in which to complete thel
road. after the passage OF the act.
|. The third section of tae act authol
ICES tho corporation to receive sui
:, scriptions in land to the capital stoc
n !, Of Of the company, provided the Ian
It shall be in five miles Of the line
road, and shall be estimated at the