New Orleans, Baton Rouge, Vicksburg & Memphis Railroad v. Drake
Mississippi Supreme Court
Appeal from the Chancery Court, of Claiborne County. Hon. H. S. Van Eaton, Chancellor. On the 20th of January, 1883, the New Orleans, Baton Rouge, Vicksburg &Memphis Railroad Company filed a petition in the Chancery Court, reciting that, in the construction of the company’s road, it would be necessary to pass through and over a certain tract of land belonging to E. S. Drake, who could not agree with the petitioner as to the value of the land (one hundred- feet in width),…
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Appeal from the Chancery Court, of Claiborne County. Hon. H. S. Van Eaton, Chancellor. On the 20th of January, 1883, the New Orleans, Baton Rouge, Vicksburg &Memphis Railroad Company filed a petition in the Chancery Court, reciting that, in the construction of the company’s road, it would be necessary to pass through and over a certain tract of land belonging to E. S. Drake, who could not agree with the petitioner as to the value of the land (one hundred- feet in width), required in the construction of the road and asking for the appointment of three disinterested persons, as commissioners,…
1Opinion of the Court
Campbell, C,. J.,
delivered the opinion of the court.
The Chancery Court refused to grant the petition and dismissed it, as the record shows, “ upon the ground of the unconstitutiouality of the provisions of the charter of said •company in regard to condemnation of land for right of way ; ” but we are not informed as to .the views of the chancellor further than this general statement of the record shows, and have not been favored with the views of the appellee. The ■only question presented by the petition is as to the appointment of three commissioners by the Chancery Court, and if -the…
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