Ross v. Chicago, Burlington & Quincy R. R.
Illinois Supreme Court
Appeal from the Circuit Court of Peoria county; the Hon. Joseph W. Cochran, Judge, presiding. This was a bill in chancery, by the Chicago, Burlington and Quincy Railroad Company, and the Peoria and Hannibal Railroad Company, against Lewis W. Boss, to enjoin the prosecution of an action of ejectment, brought by Boss against the first named company, and for the specific performance of an agreement of Boss to grant and convey the right of way to the same company over the land…
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Appeal from the Circuit Court of Peoria county; the Hon. Joseph W. Cochran, Judge, presiding. This was a bill in chancery, by the Chicago, Burlington and Quincy Railroad Company, and the Peoria and Hannibal Railroad Company, against Lewis W. Boss, to enjoin the prosecution of an action of ejectment, brought by Boss against the first named company, and for the specific performance of an agreement of Boss to grant and convey the right of way to the same company over the land of Boss. The material facts of the case are stated in the opinion.
1Opinion of the CourtJustice Scholfield
Lewis W. Ross having commenced an action of ejectment against the Chicago, Burlington and Quincy Railroad Co. to reoox-er possession of a strip of ground occupied by it for its right of xvav across a certain tract of land owned by him, at Lewistown, in Fulton county, the present bill xvas filed to enjoin further proceedings in that suit, and to enforce the conveyance of the strip of ground in question by Ross to the company. The decree of the court below xvas in conformity xvith the prayer of the bill.
The Chicago, Burlington and Quincy Railroad Company derives xvhatever rights it may ha\-e,…
2Cases cited1 opinion
- City of Ottawa v. People ex rel. CatonIllinois Supreme Court · 1868
3Cited by6 opinions
- Golconda Northern Railway v. Gulf Lines Connecting RailroadIllinois Supreme Court · 1914
- Atlantic & Pacific R. R. v. City of St. LouisSupreme Court of Missouri · 1877
- Cape Girardeau & Chester Railroad v. WingerterMissouri Court of Appeals · 1907
- Chicago & Eastern Illinois Railroad v. WrightIllinois Supreme Court · 1894
- St. Louis & Belleville Electric Railway Co. v. Gustave VanhoorebekeIllinois Supreme Court · 1901
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