Louisville & N. R. v. Quillen

CLAY, Commissioner.

Appellant brought this action to condemn a railroad right of way over a 42 acre tract of land. Appellees owned the surface rights and the Letcher Elkhorn Land Company owned the mineral rights. The amount of damages was fixed by a jury in the County Court at $3500, and the case was transferred to the Letcher Circuit Court to determine which of the two claimants was entitled to this award.

While this proceeding was pending, the Land Company conveyed to appellant the right of way condemned, and appellant then prayed for a return of the $3500 theretofore paid over to the Master…