Brown v. Rome & Decatur Railroad
Supreme Court of Alabama
Appeal from the Probate Court of Cherokee. Tried before the Hon. Bobert B. Savage. In the matter of the petition of the Borne & Decatur Bail-road Co., seeking to condemn a right of way through certain lands therein particularly described. The petition was filed on the 11th May, 1887, and sought to condemn a right of way through the lands of several persons, and, among them, “through the lands of Willie B. Brown, wife of John Brown, Mollie McElrath, Lula McElrath, Thos.
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Appeal from the Probate Court of Cherokee. Tried before the Hon. Bobert B. Savage. In the matter of the petition of the Borne & Decatur Bail-road Co., seeking to condemn a right of way through certain lands therein particularly described. The petition was filed on the 11th May, 1887, and sought to condemn a right of way through the lands of several persons, and, among them, “through the lands of Willie B. Brown, wife of John Brown, Mollie McElrath, Lula McElrath, Thos. C. McElrath, Wm. S. McElrath, Bichard N. McElrath, and Pearl A. McElrath, children of Thos. P. McElrath, tenants in common of…
1Opinion of the CourtStone, C. J.
The present record presents for review only that part of the Probate Court proceedings which affects the interests of Thomas P. McElrath’s children. The proceeding was instituted by the railroad company, to obtain condemnation of certain interests in real estate, for the use of the railroad company, and is governed by Article 2, Chap. 17, Title 2, Part 3 of the Code of 1876, commencing with section 3580, and by the act to amend the charter of the Borne & Decatur Bailroad Company, approved December 9, 1884. — Sess. Acts, 223. “The authority given by the statute to railroad companies, to take…
2Cases cited3 opinions
- Chandler v. HannaSupreme Court of Alabama · 1882
- Appeal of Convers in re the Grand Rapids & Indiana R. R.Michigan Supreme Court · 1869
- Davis v. Bangor & Piscataquis RailroadSupreme Judicial Court of Maine · 1872
3Cited by1 opinion
- J. Blach & Sons, Inc. v. HawkinsSupreme Court of Alabama · 1939