Hopkins v. Poellnitz

KNIGHT, Justice.

This was a proceeding originally instituted in the probate court of Marengo county by appellant, called plaintiff in the court below, seeking the condemnation for its use, as a right of way for its railroad, of certain lands of appellee C. A. Poellnitz, styled defendant in the lower courts.

No question was raised in the courts below as to the right of appellant to acquire by condemnation the lands described in his original application to the probate court. This seems to have been admitted.

In the probate court, after due notice and hearing, certain lands of appellee were…