Legal Opinion

St. Louis & San Francisco Railway Co. v. Tapp

Supreme Court of Arkansas

Decided October 30, 1897PublishedCited by 5 opinions

Appeal from Washington Circuit Court in Chancery. Edward S. McDaniel, Judge. STATEMENT BY THE COURT. The railway company brought this suit against the widow and heirs of John B. Kelton to compel specific performance of a contract made by said Kelton, in Ms lifetime, to convey to said railway company a right of way over forty acres of land described in the complaint, 200 feet in width, and also five acres of land for a railroad “reserve,” for depot grounds, etc.

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Appeal from Washington Circuit Court in Chancery. Edward S. McDaniel, Judge. STATEMENT BY THE COURT. The railway company brought this suit against the widow and heirs of John B. Kelton to compel specific performance of a contract made by said Kelton, in Ms lifetime, to convey to said railway company a right of way over forty acres of land described in the complaint, 200 feet in width, and also five acres of land for a railroad “reserve,” for depot grounds, etc. John Kelton had. homesteaded a tract of United States land, and, before completing his entry, commuted the same, and purchased the…

1Opinion of the Court

Hughes, J.,

(after stating the facts.) The act of congress of March 3, 1875, gives to every railroad a right of way 200 feet wide across all government lands, and not exceeding twenty acres at depots. 18 U. S. Statutes at large, p. 482.

Section 2762, Sandels & Hill’s Digest, provides that railroad corporations shall have power “to purchase, and by voluntary grants and donations receive and take, and by its officers, engineers and surveyors and agents enter upon and take possession of and hold and use all such lands and real estate and other property as may be necessary for the construction and…

Also in this document: Dissent.

2Cases cited2 opinions

  1. Cox v. DonnellySupreme Court of Arkansas · 1879
  2. Marshall v. CowlesSupreme Court of Arkansas · 1886

3Cited by5 opinions

  1. Cloth v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Arkansas · 1910
  2. Coleman v. Missouri Pacific RailroadSupreme Court of Arkansas · 1988
  3. Nature Conservancy v. KolbSupreme Court of Arkansas · 1993
  4. Wylie v. TullSupreme Court of Arkansas · 1989
  5. Carpenter v. United StatesUnited States Court of Federal Claims · 2016

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