Illinois Central R. R. v. Wathen
Appellate Court of Illinois
Appeal from the Circuit Court of Woodford county ; the Hon. ¡N. M. Laws, Judge, presiding. This is a hill in chancery, alleging that the complainant, on the 28th February, 1879, was the owner in fee of a parcel of land in controversy being the Y made of the junction of the lines of the two railroads and the track connecting them, except the right of way of the two railroads passing through it.
Read the full summary
Appeal from the Circuit Court of Woodford county ; the Hon. ¡N. M. Laws, Judge, presiding. This is a hill in chancery, alleging that the complainant, on the 28th February, 1879, was the owner in fee of a parcel of land in controversy being the Y made of the junction of the lines of the two railroads and the track connecting them, except the right of way of the two railroads passing through it. That on that day, he and one Gibson conveyed the same to the Illinois Central Railroad Co. and to A. L. Hopkins, receiver of the Toledo, Peoria and Warsaw Railway Co. That the Wabash, St. Louis and…
1Opinion of the CourtWelch, J.
In the view we take of this case we shall confine our examination to the third and fourth assignments of error. Has the condition of the grant been violated?, Conceding that appellant's title depends on the moaning of the phrase “ railroads and depot purposes,” the real controversy is whether the company in permitting, without the payment of rent, the erection and use of elevators, corn cribs, lumber yards and lime houses, on the ground in question, is such a violation of the terms of the grant as will warrant the court in restraining the further use for such purposes and compel appellants to…
2Cases cited3 opinions
- Grand Trunk Railroad v. RichardsonSupreme Court of the United States · 1876
- Proprietors of Locks & Canals on Merrimack River v. Nashua & Lowell RailroadMassachusetts Supreme Judicial Court · 1870
- In Re N.Y.C. H.R.R.R. Co. v. . M.G.L. Co.New York Court of Appeals · 1875
3Cited by23 opinions
- Roby v. . N.Y.C. H.R.R.R. Co.New York Court of Appeals · 1894
- Lawson v. Georgia Southern & Florida Railway Co.Supreme Court of Georgia · 1914
- Gurney v. Minneapolis Union Elevator Co.Supreme Court of Minnesota · 1895
- Richmond Cotton Oil Co. v. CastellawSupreme Court of Georgia · 1910
- Mitchell v. Illinois Central RailroadIllinois Supreme Court · 1943
18 more not listed; retrieve them via the Exa API.