Railway Co. v. Birnie
Supreme Court of Arkansas
Appeal from Sebastain Circuit Court, Fort Smith District. Fdgar F. Bryant, Judge. STATEMENT BY THE COURT. In 1878, Chas. A. Birnie, W. S. Birnie and H. C. Birnie donated to the Little Rock & Port Smith. Railway Company certain lots in the city of Port Smith upon a condition subsequent, the exact nature of which is in dispute.
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Appeal from Sebastain Circuit Court, Fort Smith District. Fdgar F. Bryant, Judge. STATEMENT BY THE COURT. In 1878, Chas. A. Birnie, W. S. Birnie and H. C. Birnie donated to the Little Rock & Port Smith. Railway Company certain lots in the city of Port Smith upon a condition subsequent, the exact nature of which is in dispute. The company took possession of the lots in the year mentioned, and erected upon them a depot, which it maintained there until sometime during the year 1889, when new depot buildings were put up on other lands situated at a distance of several blocks from the first…
1Opinion of the Court
Mansfield, J.,
(after stating the facts). It is conceded that, the defendant having appropriated the lots in controversy to general railroad purposes by occupying them with its main track and side tracks, the plaintiff could not have maintained ejectment to recover them1; and that this action was simply to recover their value. Such being the nature of the case, it is urged that the plaintiffs could only proceed as upon a complaint in equity to enforce a vendor’s lien; and this, it is said, is the doctrine of Organ v. Railway Co. 51 Ark. 265. But that decision, while it upholds the right to…
2Cases cited13 opinions
- Texas & Pacific Railway Co. v. MarshallSupreme Court of the United States · 1890
- Catlett v. Railway Co.Supreme Court of Arkansas · 1893
- Cohen v. St. Louis, Fort Scott & Wichita RailroadSupreme Court of Kansas · 1885
- Druse v. WheelerMichigan Supreme Court · 1872
- Hill v. HobartSupreme Judicial Court of Maine · 1839
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3Cited by7 opinions
- Sheets v. Vandalia Railway Co.Indiana Court of Appeals · 1920
- St. Louis & North Arkansas Railroad v. CrandellSupreme Court of Arkansas · 1905
- Cunningham, Admr. v. New York Cent. R. Co.Indiana Court of Appeals · 1943
- Louisville & Nashville Railroad v. Johnson's AdministratrixCourt of Appeals of Kentucky · 1925
- Montgomery County Canning Company v. BatesSupreme Court of Arkansas · 1947
2 more not listed; retrieve them via the Exa API.