Legal Opinion

Lake Shore Sand Co. v. Lake Shore & Michigan Southern Railway Co.

Indiana Supreme Court

Decided June 3, 1908No. 21,083PublishedCited by 1 opinion

_ Prom Lake Circuit Court; Willis G. McMahan, Judge. Eminent domain proceeding by the Lake Shore & Michigan Southern Railway Company against the Lake Shore Sand Company and others. Prom a judgment for plaintiff, defendant company appeals.

1Opinion of the CourtMonks, J.

This proceeding was brought by appellee under an act entitled “An act concerning proceedings in the exercise of eminent domain,” approved February 27, 1905 . (Acts 1905, p. 59, §893 et seq. Bums 1905).

The complaint of appellee named as defendants the Lake Shore Sand Company, appellant herein, Hugh J. Spencer and a number of others. It is alleged in the complaint that the Lake Shore Sand Company is the owner of record, and Hugh J. Spencer is the owner and holder of a mortgage “on the real estate sought to be appropriated, and that each of the defendants claims some interest in said real…

2Cases cited11 opinions

  1. Lowe v. TurpieIndiana Supreme Court · 1896
  2. Gregory v. SmithIndiana Supreme Court · 1894
  3. Abshire v. WilliamsonIndiana Supreme Court · 1898
  4. Benbow v. GarrardIndiana Supreme Court · 1894
  5. Gourley v. EmbreeIndiana Supreme Court · 1894

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3Cited by1 opinion

  1. Prebster v. HendersonIndiana Supreme Court · 1916

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