Lexington & Eastern Railway Co. v. Napier's Heirs

Opinion of the Court by

Judge Nunn

Affirming.

On September 1st, 1910, Edward L. Napier and Ms *580wife executed a title bond to the appellant obligating themselves to convey a railroad right-of-way through their farm. The whole farm contained some 600 acres and was situated on the North Fork of Kentucky River. About 75 acres was bottom land. The right-of-way through this farm was a mile long, and the course of it was largely through the bottom land. The amount of land taken was 101-5 acres and the title bond called for a payment of $100 per acre. On September 22nd, the railway company paid' the…