Graham v. St. Louis, Iron Mountain & Southern Railway Co.
Supreme Court of Arkansas
Appeal from St. Francis Circuit Court, Hance if. Hutton, Judge. STATEMENT BY THE COURT. The facts in this ease, as far as it is necessary to state them, are as follows: C. C. Graham and W. H. Howes were owners of a tract of land in St. Francis county.
Read the full summary
Appeal from St. Francis Circuit Court, Hance if. Hutton, Judge. STATEMENT BY THE COURT. The facts in this ease, as far as it is necessary to state them, are as follows: C. C. Graham and W. H. Howes were owners of a tract of land in St. Francis county. The St. Louis, Iron Mountain & Southern Railway Company in 1882 purchased a portion of this land to be used as depot grounds, side tracks and a “Y.” The deed to the company recites that whereas the company is engaged in constructing a railroad through the county of St. Francis from the south to an intersection with the Memphis & Little Rock…
1Opinion of the Court
Riddick, J.,
(after .stating the facts). This is an action of ejectment brought by the railway company to recover twelve acres of land which the ancestor of defendant had sold and conveyed to the company for railway purposes. The defendant contends that all the right and interest in this land conveyed to the company by the deed of his father was forfeited by reason of a failure to comply with a condition in the deed. The clause of the deed referred to is as follows: “To have and to hold the same to the said party of the second part so long as said lands are used for the purpose of a railroad,…
2Cases cited2 opinions
- Sherman v. . KaneNew York Court of Appeals · 1881
- Paldi v. PaldiMichigan Supreme Court · 1890
3Cited by23 opinions
- Marks v. Atchison, Topeka & Santa Fe Railway Co.Supreme Court of Kansas · 1925
- L. & G. Realty & Construction Co. v. City of IndianapolisIndiana Court of Appeals · 1957
- Stuttgart v. JohnSupreme Court of Arkansas · 1908
- Watson v. HardinSupreme Court of Arkansas · 1910
- American Building & Loan Ass'n v. WarrenSupreme Court of Arkansas · 1911
18 more not listed; retrieve them via the Exa API.