Bentonville R. R. v. Stroud
Supreme Court of Arkansas
APPEAL from Benton Circuit Court. Hon. J. M. Pittman, Circuit Judge. 1. The appellees failed to produce any title to the land whatever. 2. There was no issue joined in the case. The Strouds failed to answer at all. The burden was on them to prove their damages, and the court cast the burden of proof on appellant. ‡‡ Ark., 26‡. What protection will this judgment be in the future if another party should set up and prove title to the land?
1Opinion of the CourtCockrill, C. J.
The Bentonville Railroad Company instituted proceedings under the statute to condemn a right of way for its road. The petition, after the usual allegations as to the organization of the company, necessity for the condemnation,, etc., alleged that the land described “ is claimed by Malinda Stroud and Wood Stroud; that the company failed to obtain title to said land by agreement with said Strouds for the right' of way,” and prayed that the Strouds be required to. exhibit. their title to the lands, and that the damages be assessed according to law.
A formal answer was filed by a guardian ad litem…
2Cases cited4 opinions
- St. Louis & Southeastern Railway Co. v. TetersIllinois Supreme Court · 1873
- Smith v. Chicago & Western Indiana RailroadIllinois Supreme Court · 1882
- Republican Valley Railroad v. HayesNebraska Supreme Court · 1882
- Rippe v. Chicago, Dubuque & Minnesota RailroadSupreme Court of Minnesota · 1876
3Cited by10 opinions
- Fort Smith & Van Buren District v. ScottSupreme Court of Arkansas · 1912
- Yellowstone Park Railroad v. Bridger Coal Co.Montana Supreme Court · 1906
- Arkansas State Highway Commission v. RobertsSupreme Court of Arkansas · 1970
- State ex rel. Kafka v. District CourtSupreme Court of Minnesota · 1915
- Hare v. Fort Smith & Western RailroadSupreme Court of Arkansas · 1912
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