State ex rel. McDermott v. Atchison, Topeka & Santa Fe Railway Co.

The opinion of the court was delivered by

Johnston, C. J.:

This is a proceeding in mandamus to compel commissioners appointed to condemn land for railroad purposes to amend their report by inserting therein the names of the owners of land condemned. Judgment was given in favor of plaintiff, and defendants appeal.

It appears that when the condemnation was made there were conflicting claims as to the ownership of the land involved in the appropriation, and some of the owners were not certain from the descriptions in the report just what portions of the lands described belonged to them. The…