United States v. Southern Power Co.

(after stating the facts as above). We think that the decree of the judge below denying the injunction was clearly right, and this for three, reasons, viz.: (1) Because the right of way in question had been acquired by defendant, and had been marked out and defined and devoted to a public use prior to the institution of the condemnation proceedings, and the statutes under which the government proceeded did not authorize the condemnation of sueh property; (2) because, in view of the agreement between the parties, the defendant was not a trespasser upon- the lands of the government, whatever…