Sommers v. Apalachicola Northern Railroad

concurring. — I fully concur in the judgment pronounced by the court in this case, but as we have reached the same conclusion by a different process of reasoning I prefer to state my views and theory in a separate opinion.

This cause comes here on appeal from the decree and judgment of the Circuit Court for Franklin County, sus*179taining the demurrers to the complainants’ bill in equity brought by David Sommers, W. R. Hauze, Charles B. Duffy, J. H. Trump and B. H. Beverly, dona fide stockholders of the Apalachicola Northern Railroad Company and of the St. Joseph Land and Development Company,…