Brenner's Appeal
Supreme Court of Pennsylvania
Appeal from the Common Pleas of Lycoming County, No. 13, Jan. Term, 1884. This was an appeal from the decree of the Court awarding damages for land taken by the Catawissa Railroad Co. to Job P. Kirby.
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Appeal from the Common Pleas of Lycoming County, No. 13, Jan. Term, 1884. This was an appeal from the decree of the Court awarding damages for land taken by the Catawissa Railroad Co. to Job P. Kirby. The facts are set forth in the opinion of the Court, which was delivered on the 9th Aug., 1833, per Bucher, P. J. The essential facts are: 1. On the 21st Eeb., 1868, Elias S. Lowe, John S. Mundy and L. Mundy owned the thirteen acre tract of land (with steam saw mills, &c., thereon erected) on which the Catawissa Railroad Co. entered in 1871, resulting in an assessment of damages to the amount of…
1Opinion of the Court
The Supreme Coúrt affirmed the decree of the Common Pleas on the 3rd March, 1884, in the following opinion;
2Per curiam
While the appellee held the legal title, and assignees of the appellant had an equitable interest in the land under articles of agreement with their purchase money unpaid, the Railroad Company entered upon the land and constructed a railroad thereon, by virtue of the right of eminent domain. The damages sustained were assessed jointly. Before they were paid, the equitable interest of .the assignors was sold at Sheriff’s sale and purchased by the appellee. Both legal and equitable titles…
3Cases cited5 opinions
- McFadden v. JohnsonSupreme Court of Pennsylvania · 1873
- Davis v. Titusville & Oil City Railway Co.Supreme Court of Pennsylvania · 1886
- Beale v. Pennsylvania RailroadSupreme Court of Pennsylvania · 1878
- Lawrence & Others' AppealSupreme Court of Pennsylvania · 1875
- Tenbrooke v. JahkeSupreme Court of Pennsylvania · 1875