Montgomery & W. P. R. R. Co. v. Walton
Supreme Court of Alabama
Error to the Court of Chancery for Macon. Hon. D. G„ Ligón, Chancellor. Bill filed by tlie plaintiffs in error, for an injunction.
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Error to the Court of Chancery for Macon. Hon. D. G„ Ligón, Chancellor. Bill filed by tlie plaintiffs in error, for an injunction. The bill charges, that the company had performed all the acts made necessary by their charter, to procure the right of way over a strip of land belonging to the defendant, and that they have been prevented from going on with their work, by the threats of the defendant, that he would kill, or injure their agents, if they attempted to work on the land set apart for the use of the road. The injunction was granted by a circuit judge. The chancellor dismissed the bill,…
1Opinion of the CourtDargan, J.
The allegations of the bill show that the complainants have obtained the right of way over the land of the defendant, and have pursued the course prescribed by the statute, to obtain title to the strip of land on which the road runs; and although the defendant obstinately refuses to accept the sum of money awarded by the jury, yet as the complainants have deposited it in the office of'the county court of Macon, in which the lauds are situated, the right of the company is as perfect to the road, as if he had accepted the money.
The company, then, have the right to go on and construct, and use…
2Cited by10 opinions
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- Port of Mobile v. Louisville & Nashville RailroadSupreme Court of Alabama · 1887
- Brown v. Mayor of BirminghamSupreme Court of Alabama · 1903
- Burnett v. CraigSupreme Court of Alabama · 1857
- State ex rel. Circuit Attorney v. UhrigMissouri Court of Appeals · 1883
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