Caretta Railway Co. v. Fisher

RobiNsoN, Judge:

To whom belongs a fund in the hands of the court arising *116from condemnation of land for a railroad right of way? Caretta Railway Company, a corporation, plaintiff in the condemnation proceedings, claims the money by reason of having acquired a deed conveying the tract of land, pending its proceedings to condemn a right of way through the same. But defendant W. F. Harman claims a one-half interest in the fund on the ground that he is owner of an undivided one-half in the tract from which the right of way was condemned. He of course denies the validity of the title under which…