Phila. & Reading R. R. v. Penna. Schuylkill Valley R. R.
Supreme Court of Pennsylvania
Appeal, No. 315, Jan. T., 1892, by defendant, from decree of C. P. Berks Co., Sept. T., 1890, No. 55, refusing to permit land damages to be paid into court. Petition to pay land damages into court. Defendants’ petition averred that a verdict had been rendered for plaintiffs for f8,839.78 for land appropriated by defendants ; that the land appropriated and for which the damages were allowed, was bound by the liens of certain judgments and mortgages.
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Appeal, No. 315, Jan. T., 1892, by defendant, from decree of C. P. Berks Co., Sept. T., 1890, No. 55, refusing to permit land damages to be paid into court. Petition to pay land damages into court. Defendants’ petition averred that a verdict had been rendered for plaintiffs for f8,839.78 for land appropriated by defendants ; that the land appropriated and for which the damages were allowed, was bound by the liens of certain judgments and mortgages. The petition prayed for leave to pay the amount of the verdict into court for distribution to the person or persons entitled to the same, and that…
1Opinion of the Court
Opinion by
Mr. Justice McCollum,
This is an appeal from the refusal of an application by the Pennsylvania Schuylkill Valley Railroad Company for leave to pay into court a sum awarded against it as damages or compensation for land taken for corporate uses by proceedings under the act of February 19, 1849. The application is resisted by the Philadelphia & Reading Railroad Company which is the owner of the land so taken. It is admitted that there are mortgages and judgments to á large amount against the owner, which were liens upon the land at the time of its appropriation, and that the lien…
2Cases cited2 opinions
- Knoll v. N. Y. etc. Ry. Co.Supreme Court of Pennsylvania · 1888
- Deckert's AppealSupreme Court of Pennsylvania · 1843
3Cited by14 opinions
- Harris's AppealSupreme Court of Pennsylvania · 1936
- In re TorchiaDistrict Court, W.D. Pennsylvania · 1911
- North Coast Railway Co. v. HessWashington Supreme Court · 1909
- State v. Missouri Pacific Railway Co.Nebraska Supreme Court · 1905
- Fidelity-Philadelphia Trust Co. v. KrausSupreme Court of Pennsylvania · 1937
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