Chicago & South-western R. R. v. Swinney
Supreme Court of Iowa
Appeal from Davis District Court. This is a suit in equity to enforce a specific performance of a written contract for a right of way, and to enjoin the defendants from proceeding, by ad guod damnum, to assess the damages for such right of way before a sheriff’s jury. The defendants demurred to the petition, and also moved to dissolve the temporary injunction which was allowed upon it. These were severally overruled.
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Appeal from Davis District Court. This is a suit in equity to enforce a specific performance of a written contract for a right of way, and to enjoin the defendants from proceeding, by ad guod damnum, to assess the damages for such right of way before a sheriff’s jury. The defendants demurred to the petition, and also moved to dissolve the temporary injunction which was allowed upon it. These were severally overruled. The defendants then answered, and upon the trial the court granted the specific performance and made the injunction perpetual.
1Opinion of the CourtCole, J.
— The petition alleges that the plaintiffs are corporations duly organized in this State, and own and operate a railroad over the defendant’s land, describing it; that before grading said railroad the defendant, with others, executed the following writing: “We, the undersigned, each agree to convey unto the Chicago & South-western Railway Company, or their assigns, the right of way, not exceeding one hundred feet in width, for a railroad over any lands owned by us in Davis County, Iowa; in consideration that said company or its assigns shall build a railroad from some point, on the Muscatine…
2Cited by18 opinions
- Venable v. Wabash Western Railway Co.Supreme Court of Missouri · 1893
- Ottumwa, Cedar Falls & St. Paul R'y Co. v. McWilliamsSupreme Court of Iowa · 1887
- Hawk v. RiceSupreme Court of Iowa · 1982
- Brusha Et Ux. v. Board of Education of Oklahoma CitySupreme Court of Oklahoma · 1913
- Pilcher v. Atchison, Topeka & Santa Fé RailroadSupreme Court of Kansas · 1888
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