Memphis, Kansas & Colorado Railway Co. v. Parsons Town Co.
Supreme Court of Kansas
Error from Labette District Court. Ejectment, brought by the Parsons Town Company to recover possession of certain lands occupied by the Railway Company, and claimed by the company as its right of way under condemnation proceedings.
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Error from Labette District Court. Ejectment, brought by the Parsons Town Company to recover possession of certain lands occupied by the Railway Company, and claimed by the company as its right of way under condemnation proceedings. The case was tried without the intervention of a jury, upon the following agreed statement of facts: “1. The land in controversy is all of block 50, in the city of Parsons, (which block has never been subdivided into lots,) and a strip of ground 100 feet wide by about — feet long, extending from the east line of the northeast quarter of section 19, township 31,…
1Opinion of the Court
*508The opinion of the court was delivered by
Horton, C. J.:
Several objections to the validity of the condemnation proceedings for the railway route through the real estate of the defendant in error are urged. In our view, only one need be considered, as that one is fatal. It appears from the record, that notice was properly given that the commissioners would commence to lay off the railway route in Labette county on May 1, 1878, at nine o’clock a. m., and that upon said day the commissioners proceeded in the discharge of their duties, continuing their labors from day to day, and on the 4th of May…
2Cases cited3 opinions
- Venard v. CrossSupreme Court of Kansas · 1871
- Beebe v. ScheidtOhio Supreme Court · 1862
- Comm'rs of Leavenworth Co. v. EspenSupreme Court of Kansas · 1874
3Cited by1 opinion
- Leavenworth, Northern & Southern Railway Co. v. MeyerSupreme Court of Kansas · 1892