Hobbs v. Nashville, Chattanooga & St. Louis Railway
Supreme Court of Alabama
Appeal from the Chancery Court of Madison. Heard before the Hon. William 1-1. Simpson. The bill in this case was filed November 26,, 1898, by the appellee, the Nashville, Chattanooga & St. Louis Kailway against the appellants, Xsham D, Hobbs and Mary Willie Hobbs.
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Appeal from the Chancery Court of Madison. Heard before the Hon. William 1-1. Simpson. The bill in this case was filed November 26,, 1898, by the appellee, the Nashville, Chattanooga & St. Louis Kailway against the appellants, Xsham D, Hobbs and Mary Willie Hobbs. The bill averred the following facts: Some time between May 1, 1892, and September 1, 1892, the complainant surveyed and located its line of road through property belonging to the defendants in Madison county, for the purpose of constructing a railroad thereon. The property so surveyed and located and along which the road of the…
1Opinion of the CourtSharpe, J.
— The lands here involved not having been embraced or described in the petition filed in the condemnation proceedings, the commissioners appointed to assess damages therein were not authorized to include them in their report of such assessment, and the order of the probate court purporting to condemn them to the complainants’s use ivas corum non jndice and void.— Nashville, Chattanooga & St. Louis Railway v. Hobbs, 120 Ala. 600; 24 So. Rep. 933. Therefore,unless estopped by some act or conduct on the part of these defendants, or of some one authorized to bind them, there is no legal or…
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