White v. Nashville & Northwestern Railroad
Tennessee Supreme Court
PROM HUMPHREYS. From the Chancery Court, March Term, 1870. J. W. Doherty, Ch. Title shown by possession. Scales v. Cochrill, 3 Head, 432; 2 Sneed, 211. Charter N. & N. W. R. R. Co. Acts of 1851-2, c. 74, ss. 23, 24. Construction as to •proviso. 1 Kent, side p. 462-3, and notes. Upon other questions, see Woodforh v. Railroad Co., 2 Swan, 431; Pierce on Railways, 163; 1 Black. Com., side p. 139; 1 Smith’s Leading Cases, side p., 216; Sedgwick on Stat. & Con.
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PROM HUMPHREYS. From the Chancery Court, March Term, 1870. J. W. Doherty, Ch. Title shown by possession. Scales v. Cochrill, 3 Head, 432; 2 Sneed, 211. Charter N. & N. W. R. R. Co. Acts of 1851-2, c. 74, ss. 23, 24. Construction as to •proviso. 1 Kent, side p. 462-3, and notes. Upon other questions, see Woodforh v. Railroad Co., 2 Swan, 431; Pierce on Railways, 163; 1 Black. Com., side p. 139; 1 Smith’s Leading Cases, side p., 216; Sedgwick on Stat. & Con. Law, 326; 2 Kent, side p. 339, n. /; 2 John. Ch., 164-8; Lyon v. Jerome, 26 Wend.; 1 Redfield on Railways, 241; Hilliard on Injunctions,…
1Opinion of the CourtSneed, J.
This cause involves the grave and important question whether a court of equity has the power to enjoin an incorporated railroad, company from the use and enjoyment of a portion of its road-bed located on the land of the complainant without his consent, and whose title to the fee has never been extinguished by the payment of its assessed value, the just compensation guaranteed to him by the Constitution.
The Chancellor below decreed that the complainant’s debt be paid within ninety days, or in default thereof that defendants be enjoined from the further use and occupation of so much of its…
2Cases cited9 opinions
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- Bloodgood v. Mohawk & Hudson RailroadNew York Supreme Court · 1837
- Baltimore and Susquehanna Railroad Co. v. NesbitSupreme Court of the United States · 1851
- President of the Bank of Kentucky v. WisterSupreme Court of the United States · 1829
- Rogers v. BradshawCourt for the Trial of Impeachments and Correction of Errors · 1823
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3Cited by1 opinion
- Henry v. Tennessee Electric Power Co.Court of Appeals of Tennessee · 1927