Lyon v. McDonald
Texas Supreme Court
Appeal from Hill. Tried below before Hon. J. M. Hall. This suit was brought by W. II. McDonald, appellee, against O. T. Lyon, appellant, September 29, 1885. On October 1,1887, plaintiff filed his second amended original petition, alleging ownership in fee simple on August 16, 1882, of a certain lot of land in Hillsboro, Texas, described in exhibit A attached to his petition.
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Appeal from Hill. Tried below before Hon. J. M. Hall. This suit was brought by W. II. McDonald, appellee, against O. T. Lyon, appellant, September 29, 1885. On October 1,1887, plaintiff filed his second amended original petition, alleging ownership in fee simple on August 16, 1882, of a certain lot of land in Hillsboro, Texas, described in exhibit A attached to his petition. The petition alleged a trespass by defendant on August 16, 1882, upon said lot by an illegal entry thereon, and by the erection of houses and sheds thereon, and by the obstruction thereof with large lots of lumber, to…
1Opinion of the Court
COLLARD, Judge.
Appellant contends that where lands are condemned by right of eminent domain under the statute for depot and station grounds for railroad purposes the fee is taken. We think the fee remains with the original owner. Mills on Em. Dom., secs. 58, 59, 208; 2 Wood’s By. Law, 770, 77, and note 2; Lance’s Appeal, 55 Pa. St., 24; *75Pierce on Rys., 159, 160; Heard v. City of Brooklyn, 60 N. Y., 242; 68 N. Y., 1; Railway v. McLanahan, 59 Pa. St., 28.
Articles 4210, 4211, and 4212 of the Revised Statutes refer to lands acquired by purchase by railroad companies, and are not applicable to the…
2Cases cited6 opinions
- Grand Trunk Railroad v. RichardsonSupreme Court of the United States · 1876
- Proprietors of Locks & Canals on Merrimack River v. Nashua & Lowell RailroadMassachusetts Supreme Judicial Court · 1870
- Heard v. . City of BrooklynNew York Court of Appeals · 1875
- Strong v. . City of BrooklynNew York Court of Appeals · 1876
- O'Neal v. City of ShermanTexas Supreme Court · 1890
1 more not listed; retrieve them via the Exa API.
3Cited by29 opinions
- Muhle v. New York, Texas & Mexican Railway Co.Texas Supreme Court · 1894
- Neitzel v. Spokane International Railway Co.Washington Supreme Court · 1911
- Gladys City Oil, Gas & Manufacturing Co. v. Right of Way Oil Co.Court of Appeals of Texas · 1911
- Olive, Sternenberg & Co. v. Sabine & East Texas Railway Co.Court of Appeals of Texas · 1895
- City of Arlington, Tex. v. Golddust Twins Realty Corp.Court of Appeals for the Fifth Circuit · 1994
24 more not listed; retrieve them via the Exa API.