Caststeel v. St. Louis, Iron Mountain & Southern Railway Co.
Supreme Court of Arkansas
Appeal from Baxter Circuit Court; J. W. Meeks, Judge; 1. The building of a depot on the land before the execution of a deed.was a condition precedent; and no title passed to appellee nor right to a deed, upon which rested the license lawfully to enter upon the land for the purposes of track laying, etc., until this condition' was performed.
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Appeal from Baxter Circuit Court; J. W. Meeks, Judge; 1. The building of a depot on the land before the execution of a deed.was a condition precedent; and no title passed to appellee nor right to a deed, upon which rested the license lawfully to enter upon the land for the purposes of track laying, etc., until this condition' was performed. The depot was built in the latter part of the summer of 1903, and the deed is dated September 28, 1903. Appellant’s lease had long previously been made. 2. Appellee’s deed was in existence, and had been duly recorded. It was error in the court to permit…
1Opinion of the CourtBattle, J.
W. L. Caststeel brought this action against the St. Louis, -Iron Mountain and Southern Railway Company to recover damages caused by alleged trespasses. He states his case substantially as follows: During the year 1903 he was in possession of a part of a certain farm on White River, known as the “Mississippi Bend Farm,” in Baxter County, Arkansas. He held and cultivated the upper end of it under a lease. During the year 1903 he had a crop upon it, consisting of eight acres of cotton and twenty acres of corn, being in the months of June, July and August and the first of September of the year…
2Cases cited3 opinions
- St. L., I. M. & S. Ry. v. WalbrinkSupreme Court of Arkansas · 1886
- Railway Co. v. KnottSupreme Court of Arkansas · 1891
- White River Railway Co. v. HamiltonSupreme Court of Arkansas · 1905