Swinney v. Ft. Wayne, Muncie & Cincinnati R. R.

— Proceedings commenced in the Allen Circuit Court, hy the appellee, to appropriate certain lands belonging to the appellant, for railroad purposes, under “ An act to provide for the incorporation of railroad companies,” approved May 11th, 1852. 1 R. S. 1876, p. 696.

Sections 14 and 15 of the act are as follows:

“ Sec. 14. In case any company formed under this act, is unable to agree for the purchase of any real estate, in any county, required for the construction of the track, turn-outs, and water stations, it shall have the right to acquire the title to the same in the manner and by the…