N. & W. R. R. v. Smoot
Supreme Court of Virginia
Appeal from decrees of circuit court of Roanoke county, rendered October 13th, 1883, and April 7th, 1884, respectively, in a chancery cause in said court, wherein the Norfolk & Western Railroad Company, and the Shenandoah Valley Railroad Company and others were defendants, and John T. Smoot, Josiah Friend, John H. Davis, Charles A. Woolford, and P. P. Wood-ruff, were complainants.
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Appeal from decrees of circuit court of Roanoke county, rendered October 13th, 1883, and April 7th, 1884, respectively, in a chancery cause in said court, wherein the Norfolk & Western Railroad Company, and the Shenandoah Valley Railroad Company and others were defendants, and John T. Smoot, Josiah Friend, John H. Davis, Charles A. Woolford, and P. P. Wood-ruff, were complainants. The defendants demurred to the bill and also answered it, and moved to dissolve the injunction which had been awarded on the motion of the complainants. But the circuit court overruled the demurrer, and overruled…
1Opinion of the CourtFauntleroy, J.
A transcript of the record filed with their petition discloses that in the spring of the year 1881 the council of the town of Roanoke (which was then known by the name of Big Lick) agreed to donate to the Shenandoah Valley Railroad Company an acre of land within the limits of said town, provided said company would construct its line of road to that point, the expectation then being that the land to be so donated would be used by said company for depot purposes. The road was constructed to said town, but before its completion it was ascertained that it would be more advantageous to the company…
2Cited by6 opinions
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