Cape Girardeau v. Dennis

— This was a proceeding instituted in the circuit court of Cape Girardeau county, at its May term, 1874, by the Cape Girardeau & Scott County Macadamized Road Company, to condemn a right of way through the defendants’ land. To the petition of the plaintiff, which contained all the necessary averments, the defendants, at the November term, 1874, filed an answer, alleging therein, in bar of plaintiff’s right to condemn the proposed right of way, that the plaintiff and the defendants had entered into an agreement for the construction of plaintiff’s road on another line, in consideration of a…