St. Louis, Kansas & Southwestern Railroad v. Nyce
Supreme Court of Kansas
Error from Sumner district court; J. A. Burnette, judge. STATEMENT. In March, 1886, Alexander Blackstone and wife executed to the Stock Exchange Bank a mortgage on a half-section of land to secure a note for about $4500, given to the bank by Charles Blackstone, Alexander Blackstone, and William Corzine. The mortgage was duly recorded.
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Error from Sumner district court; J. A. Burnette, judge. STATEMENT. In March, 1886, Alexander Blackstone and wife executed to the Stock Exchange Bank a mortgage on a half-section of land to secure a note for about $4500, given to the bank by Charles Blackstone, Alexander Blackstone, and William Corzine. The mortgage was duly recorded. On November 4 following Alexander Blackstone and wife sold to the St. Louis, Kansas & Southwestern Railroad Company a strip of land 100 feet wide through said premises, and executed to the latter a warranty deed for the same, which was recorded December 14,…
1Opinion of the Court
The opinion of the court was delivered by
Smith, J.:
We will consider but two of the questions discussed by counsel for plaintiff in error in their brief and argument, viz. :
1. In estimating the amount of damages which the plaintiffs below were entitled to recover under the condemnation proceedings, can the value of the improvements put upon the land by the railroad company be taken into consideration?
2. Can the plaintiffs below recover damages to the land outside the right of way of the railroad company by reason of the construction and operation of the road, the right of way and the land…
2Cases cited28 opinions
- Van Ness v. PacardSupreme Court of the United States · 1829
- Chicago & Eastern Illinois Railroad v. LoebIllinois Supreme Court · 1884
- Jones v. New Orleans & Selma RailroadSupreme Court of Alabama · 1881
- Kansas Pacific Railway v. MihlmanSupreme Court of Kansas · 1876
- Northern Central Railway Co. v. Canton Co.Court of Appeals of Maryland · 1869
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3Cited by21 opinions
- Moore v. RotelloCourt of Appeals of Texas · 1986
- Texas & N. O. R. v. SchoenfeldTexas Supreme Court · 1941
- Talley v. DrumhellerSupreme Court of Virginia · 1925
- City of Wichita v. DentonSupreme Court of Kansas · 2013
- Kay County Gas Co. v. BryantSupreme Court of Oklahoma · 1928
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