St. Louis, Iron Mountain & Southern Railway Co. v. Berry
Supreme Court of Arkansas
Appeal from Baxter Circuit Court; John W. Meeks, Judge: statement by the court. G. W. Berry was the owner of an undivided two-thirds interest in a tract of land through which the White River Railway Company desired a right-of-way. On the 14th day of September, 1901, Berry and wife executed a deed conveying a right-of-way across said land to said company.
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Appeal from Baxter Circuit Court; John W. Meeks, Judge: statement by the court. G. W. Berry was the owner of an undivided two-thirds interest in a tract of land through which the White River Railway Company desired a right-of-way. On the 14th day of September, 1901, Berry and wife executed a deed conveying a right-of-way across said land to said company. The right-of-way was described in the deed as a strip of land “one hundred feet wide, the middle thereof to be the center of the track of the railroad, as it is now located over, through and across the lands hereinafter described, said lands…
1Opinion of the Court
Hart, J.,
(after stating the facts). 1. Appellant claims that it is not liable in this action because the contract, if any was made, was between appellee and the White River Railway Company. Appellant also claims that the action is °barred by the statute of limitations. These questions will be considered together.
The evidence shows that appellee made the contract in question with the White River Railway Company in September, 1901, and that appellant became the owner of said railroad by purchase in March, 1903.
Section 6587 of Kirby’s Digest provides that whenever any railroad company shall…
2Cases cited10 opinions
- Meisenheimer v. StateSupreme Court of Arkansas · 1904
- Standard Life & Accident Insurance v. SchmaltzSupreme Court of Arkansas · 1899
- Maxey v. StateSupreme Court of Arkansas · 1905
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