Legal Opinion

Norfolk & Western Railway Co. v. Stipp

West Virginia Supreme Court

Decided April 23, 1912PublishedCited by 1 opinion

Error to Circuit Court, Jefferson County. Action by the Norfolk & Western Railway Company against John W. Stipp and others. Judgment for plaintiff, and John W. Stipp and I. W. Stipp bring error.

1Opinion of the Court

KobiNSON, Judge:

In condemnation of land for railway purposes, a sum of money was paid into court, so that conflicting claims to it might be determined between U. S. Martin on the one hand and John W. and Isaac W. Stipp on the other. The matter was referred to a commissioner to ascertain to whom ,the money belonged, and in what proportion it should be paid over, if to both parties. The commissioner found that a part belonged to Martin and a part to the Stipps. This finding and report was based on documents filed before the commissioner and on testimony taken before him in relation to title and…

2Cases cited1 opinion

  1. Baker v. JacksonWest Virginia Supreme Court · 1909

3Cited by1 opinion

  1. Smith v. WhiteWest Virginia Supreme Court · 1915

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