Watauga & Yadkin River Railroad v. Ferguson

This is an appeal from an order of the clerk approving the assessment of damages by the commissioners condemning the right of way for the plaintiff under its charter, Private Laws 1905, ch. 411.

Revisal, 2587, provides: “If the said company at the time of the appraisement shall pay into court the sum appraised by the commissioners, then and in that event the said company may enter, take possession, and hold said lands, notwithstanding the pendency of the appeal, and until the final judgment rendered on said appeal.” The charter of the plaintiff, Private Laws 1905, ch. 411, is practically to…