McKennon v. St. Louis, Iron Mountain & Southern Railway Co.
Supreme Court of Arkansas
Appeal from Johnson Circuit Court. William L. Moose, Judge. STATEMENT BY THE COURT'. On the 8th day of August, 1898, appellant filed his complaint in the Johnson circuit court against appellee, alleging, in substance, that he is the owner and entitled to the possession of land twenty-five feet in width on each side of the right of way of the Little Rock & Fort Smith Railroad, passing through the southeast quarter of the northeast quarter, section 7, township. 9 north, range…
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Appeal from Johnson Circuit Court. William L. Moose, Judge. STATEMENT BY THE COURT'. On the 8th day of August, 1898, appellant filed his complaint in the Johnson circuit court against appellee, alleging, in substance, that he is the owner and entitled to the possession of land twenty-five feet in width on each side of the right of way of the Little Rock & Fort Smith Railroad, passing through the southeast quarter of the northeast quarter, section 7, township. 9 north, range S3 west, of which appellees are in the wrongful and unlawful possession, and prays a recovery of said lands and damages,…
1Opinion of the Court
Hughes, <T.,
(after stating the facts.) It seems that the ap-pellee, the railroad company, without seeking to purchase or have the land in controversy condemned for the purpose of enlarging its right of way, wrongfully, and without pursuing the method prescribed by the statute to obtain this land as an addition to its right of -way, entered upon it, and enclosed it with a fence, and .thus appropriated it to the use of the railroad company as a part of its right of way. The appellant might have prevented this action, upon the part of the railroad by suing out an injunction, as the law provides…
2Cases cited2 opinions
- Railway Co. v. PettySupreme Court of Arkansas · 1893
- Cairo & Fulton R. R. v. TurnerSupreme Court of Arkansas · 1876
3Cited by15 opinions
- Clendaniel v. ConradSupreme Court of Delaware · 1912
- St. Louis, Iron Mountain & Southern Railway Co. v. Batesville & Winerva Telephone Co.Supreme Court of Arkansas · 1906
- St. Louis, Iron Mountain & Southern Railway Co. v. FaisstSupreme Court of Arkansas · 1911
- Marblehead Land Co. v. Superior CourtCalifornia Court of Appeal · 1923
- Missouri & North Arkansas Railroad v. ChapmanSupreme Court of Arkansas · 1921
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