Chicago, Kansas & Western Railroad v. Sheldon
Supreme Court of Kansas
Error from Saline District Court. Action by Benjamin JR. Sheldon against The Chicago, Kansas & Western Railroad Company and others to foreclose a mortgage. From the judgment rendered, defendant railroad company brings error. Plaintiff is entitled to judgment upon the agreed statement of facts, because its right-of-way was duly and legally condemned. It is undisputed that at the time of the condemnation proceedings Allison was the owner of the land.
Read the full summary
Error from Saline District Court. Action by Benjamin JR. Sheldon against The Chicago, Kansas & Western Railroad Company and others to foreclose a mortgage. From the judgment rendered, defendant railroad company brings error. Plaintiff is entitled to judgment upon the agreed statement of facts, because its right-of-way was duly and legally condemned. It is undisputed that at the time of the condemnation proceedings Allison was the owner of the land. Sheldon had simply a lien by way of mortgage. The condemnation commissioners, as required by statute, gave the general notice, published in a…
1Opinion of the Court
The opinion of the court was delivered by
JOHNSTON, J.:
By condemnation proceedings, the Chicago, Kansas & Western Railroad Company obtained a right-of-way over a tract of mortgaged land. Due notice of the proceedings was given by publication, but no personal notice was served upon the mortgagee, nor was he named in the award. The amount of the award was deposited, as the law requires, with the county treasurer, who afterward paid the same to the owner of the land. The mortgagee never attempted to subject the award as a fund in equity to his claim, and never received any portion of the same nor…
2Cases cited3 opinions
- Goodrich v. Board of CommissionersSupreme Court of Kansas · 1891
- Chicago, Kansas & Western Railroad v. GrovierSupreme Court of Kansas · 1889
- Leavenworth, Northern & Southern Railway Co. v. MeyerSupreme Court of Kansas · 1892
3Cited by15 opinions
- Reed Orchard Co. v. Superior CourtCalifornia Court of Appeal · 1912
- Moore v. Kansas Turnpike AuthoritySupreme Court of Kansas · 1957
- St. Louis, Kansas & Southwestern Railroad v. NyceSupreme Court of Kansas · 1900
- Federal Land Bank v. State Highway CommissionSupreme Court of Kansas · 1939
- Dye v. Midland Valley RailroadSupreme Court of Kansas · 1908
10 more not listed; retrieve them via the Exa API.