Hester v. Memphis & Charleston Railroad

Handy, J.,

delivered tbe opinion of tbe court.

Tbis action was brought by tbe defendant in error, to recover tbe amount of certain instalments of stock in tbe company of tbe defendant, for which the plaintiff in error bad subscribed.

Tbe defendant below pleaded in substance:—

*3791. That by the original charter of the company passed in 1850, by the legislature of this State, and under which the defendant became a subscriber for stock, the route of the road was prescribed to begin at some point on the northern boundary of this State, and run thence through the town of Holly Springs in Marshall county,…