South & Western Railroad v. Mann

The primary purpose of this suit was to injoin the appellant from locating and constructing a railroad over the land of the appellees on Clinch river, in Scott county, Virginia, not included within the metes and hounds of a strip of 2.91 acres conveyed by them to the appellant by deed of February 13, 1907, for a right of way for a railroad and other railroad purposes.

The appeal is from a decree which undertakes to define and establish the rights of the parties with respect to the matters in controversy.

A number of questions are raised by the pleadings, but the paramount issue involves the…