Fort Worth & D. S. P. Ry. Co. v. Gilmore

The appellant railway company instituted this suit against V. B. Gilmore, G. L. White, and Whit Robinson, for the purpose of condemning, for right of way purposes, 5.59 acres of land out of a tract of 198 acres belonging to Gilmore, against which land White and Robinson held an indebtedness secured by vendor’s lien.

The preliminary steps incident to the condemnation of the property were duly taken, the award was made by the commissioners, from which the appellee appealed to the county court.

The appellant made the deposit and filed the bond required by the statute, and constructed its roadbed…