Mims v. Macon & Western Rail Road
Supreme Court of Georgia
In Equity. Bill to enforce vendor’s lien. Tried before Judge Floyd. In Bibb Superior Court. May Term, 1847. The facts and circumstances of the case, and the error assigned, are fully stated in the opinion delivered by the Supreme Court, to which the reader is referred.
1Opinion of the Court
By the Court.
Lumpkin, J.,
delivering the opinion.
In 1833, the legislature of Georgia incorporated the Monroe Rail Road Company, with the following clause in their charter, section 10 :
“ In all or any case or cases, where land or private rights of way *335may be required by said company, for the uses aforesaid,” [meaning the construction of the road,] “ and the same cannot, for want of agreement between the parties as to price, or for any other cause, be purchased from the owner or owners thereof, the same may be taken at a valuation, to be made by commissioners or a majority of them, to be…
2Cited by12 opinions
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- Langdon v. KleemanSupreme Court of Missouri · 1919
- Hopkins v. Florida Central & Peninsular RailroadSupreme Court of Georgia · 1895
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