Challiss v. A. T. & Santa Fe Railroad
Supreme Court of Kansas
Error from Atchison District Court. Prior to and during the year 1864 one M. Yocum owned and occupied a certain quarter-section of land in Atchison county, one J. S. Yocum a certain eighty-acre tract, and one J. W. Baldwin a certain twenty-two acre tract. Through these tracts the right of way, one hundred feet wide, was laid off and condemned for the Atchison & Pike’s Peak Railroad, was paid for, and the railroad constructed, as stated in the opinion, infra.
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Error from Atchison District Court. Prior to and during the year 1864 one M. Yocum owned and occupied a certain quarter-section of land in Atchison county, one J. S. Yocum a certain eighty-acre tract, and one J. W. Baldwin a certain twenty-two acre tract. Through these tracts the right of way, one hundred feet wide, was laid off and condemned for the Atchison & Pike’s Peak Railroad, was paid for, and the railroad constructed, as stated in the opinion, infra. Challiss purchased said three tracts of land from the Yocums and Baldwin in 1868 and 1869, taking general warranty deeds. In March 1872,…
1Opinion of the Court
*126The opinion of the court was delivered by
Brewer, J.:
In 1864-5 the A. & P. P. Railroad Co. instituted condemnation proceedings, under the law of 1864, to obtain the right of way through certain tracts of land in Atchison county. And the two principal questions in this case are as to the validity of those proceedings, and as to the quantity of title transferred by them, if valid, to the railroad company.
1. Title to lands acquired for right of way. 2. Legislative sHtutiónanaw. We will consider the latter question first. Chap. 124 of the laws of 1864, entitled “An act to enable railroad companies…
2Cases cited5 opinions
- Brooklyn Park Commissioners v. ArmstrongNew York Court of Appeals · 1871
- Beekman v. Saratoga & Schenectady Rail RoadNew York Court of Chancery · 1831
- Water Works Co. v. BurkhartIndiana Supreme Court · 1872
- Dingley v. City of BostonMassachusetts Supreme Judicial Court · 1868
- Peoria & Rock Island Railway Co. v. BirkettIllinois Supreme Court · 1872
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- B. & O. Railroad v. P. W. & Ky. RailroadWest Virginia Supreme Court · 1881
- Quinn v. Pere Marquette Railway Co.Michigan Supreme Court · 1931
- City on Boston v. TalbotMassachusetts Supreme Judicial Court · 1910
- Glover v. State Highway CommissionSupreme Court of Kansas · 1938
- State ex rel. Mitchell v. State Highway CommissionSupreme Court of Kansas · 1947
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