Beattie v. Carolina Central Railroad
Supreme Court of North Carolina
This was a proceeding for condemnation of right-of-way, tried at September Term, 1889, of the Superior Court of Clevblakd County, Connor, /., presiding. The facts agreed were as follows: 1. That on 27th October, 1855, and for some time previous thereto, the land described in. the complaint was owned and possessed by Wm.
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This was a proceeding for condemnation of right-of-way, tried at September Term, 1889, of the Superior Court of Clevblakd County, Connor, /., presiding. The facts agreed were as follows: 1. That on 27th October, 1855, and for some time previous thereto, the land described in. the complaint was owned and possessed by Wm. H. Cabiniss, under whom plaintiff claims title, having purchased in 1869, and that plaintiff is now the real owner of said land. 2. That on the said 27th October, 1855, the said Wm. H. Cabiniss, being then the owner of said land, executed and delivered to the Wilmington,…
1Opinion of the CourtAvery, J.
after stating the facts: In Hendrick v. Railroad, 101 N. C., 617, it was clearly settled that the bargainee of an original land-owner, upon whose land the Wilmington, Charlotte & Rutherford Railroad Company had located its line and done a portion of the grading, without laying the superstructure, before the year 1860, was not barred of recovery in a proceeding instituted within two years after the completion of the line over his land by the defendant company; which purchased the franchise of the original company making the location, and succeeded to its liability under its charter to pay such…
2Cases cited14 opinions
- White's Bank of Buffalo v. . NicholsNew York Court of Appeals · 1876
- Proprietors of Locks & Canals on Merrimack River v. Nashua & Lowell RailroadMassachusetts Supreme Judicial Court · 1870
- Corning v. GouldNew York Supreme Court · 1837
- Carolina Central Railroad v. McCaskillSupreme Court of North Carolina · 1886
- City of Chicago v. BarbianIllinois Supreme Court · 1875
9 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Railroad v. OliveSupreme Court of North Carolina · 1906
- Gurdon & Fort Smith Railroad v. VaughtSupreme Court of Arkansas · 1911
- McCarley v. McCarleySupreme Court of North Carolina · 1976
- Hargrove v. . AdcockSupreme Court of North Carolina · 1892
- Tunstall v. . CobbSupreme Court of North Carolina · 1891
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