Land v. Wilmington & Weldon Railroad
Supreme Court of North Carolina
This was a Petition heard, upon appeal from the Clerk; at the Spring Term, 1890, of Nash Superior Court, by Boy-kin, /., against a railroad company for compensation for occupying and using petitioner’s land, without complying with the provisions of its charter for appropriating the land to such purposes. The plaintiff alleges title and possession since 1872 in himself.
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This was a Petition heard, upon appeal from the Clerk; at the Spring Term, 1890, of Nash Superior Court, by Boy-kin, /., against a railroad company for compensation for occupying and using petitioner’s land, without complying with the provisions of its charter for appropriating the land to such purposes. The plaintiff alleges title and possession since 1872 in himself. Defendant entered upon and constructed a roadway on the land in 1886. His defence was the statute of limitations, because more than three years had elapsed since the commencement of the action in February, 1890, alleging that…
1Opinion of the Court
Shepherd, J.:
The defendant entered upon the land of the petitioner and constructed its road in 1886. It has no conveyance of the land, nor has it acquired any title by lapse of time. Its title, therefore, must be derived from the provisions of its charter, and this does not provide for the vesting of title in the defendant until, either at its instance (section 14 of its charter, Rev. Stat.), or that of the petitioner (section 18, ibid), the damages have been assessed and paid. This is also true of the general railroad act (ch. 49, The Code), the privileges of which are extended to existing…
2Cases cited2 opinions
- Higby v. Calavers CountyCalifornia Supreme Court · 1861
- People v. HulbertCalifornia Supreme Court · 1886
3Cited by21 opinions
- Abernathy v. . R. R.Supreme Court of North Carolina · 1908
- De Malherbe v. International Union of Elevator ConstructorsDistrict Court, N.D. California · 1978
- Blackwell, Enid & Southwestern Railway Co. v. BeboutSupreme Court of Oklahoma · 1907
- Liverman v. . R. R.Supreme Court of North Carolina · 1891
- Abernathy v. South & Western Railway Co.Supreme Court of North Carolina · 1908
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