Dye v. Midland Valley Railroad
Supreme Court of Kansas
Error from Cowley district court; Carroll L. Swarts, judge. STATEMENT. . This is an action involving proceedings to condemn land for a right of way for a railroad company, which land the plaintiff in error claims to own, and in which the Hill Investment Company and George S. Howard each claim to have an interest.
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Error from Cowley district court; Carroll L. Swarts, judge. STATEMENT. . This is an action involving proceedings to condemn land for a right of way for a railroad company, which land the plaintiff in error claims to own, and in which the Hill Investment Company and George S. Howard each claim to have an interest. After the commissioners had fixed the amount of damages which would result to the landowners on account of the right of way, the plaintiff in error, being dissatisfied with the amount •of the award, appealed to the district court. Her interest in the real estate depended entirely…
1Opinion of the Court
The opinion of the court was delivered by
Graves, J.:
It is claimed that the district court erred in permitting the intervenors to litigate the validity of the plaintiff in error’s tax deed in this proceeding, and that it also erred in adjudging that the deed was invalid. The Midland Valley Railroad Company inaugurated the condemnation proceedings in this case for the purpose of appropriating the land in controversy for right-of-way purposes. Apparently the proceedings were conducted in compliance with the statute; *491the land thereby became vested in the railroad company, and the money awarded as…
2Cases cited2 opinions
- Penrose v. CooperSupreme Court of Kansas · 1905
- Chicago, Kansas & Western Railroad v. SheldonSupreme Court of Kansas · 1894
3Cited by13 opinions
- Moore v. Kansas Turnpike AuthoritySupreme Court of Kansas · 1957
- Moore v. Kansas Turnpike AuthoritySupreme Court of Kansas · 1957
- Kessler v. PolkoskySupreme Court of Kansas · 1909
- Schroeder v. GriggsSupreme Court of Kansas · 1909
- Barker v. County of WyandotteSupreme Court of Kansas · 1961
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