Evansville, Indianapolis & Cleveland Straight Line Railroad v. Shearer

The railroad company sued Shearer upon an instrument of writing which is as follows:

“ The undersigned subscribed to the capital-stock of the Evansville, Indianapolis and Cleveland Straight Line Railroad Company, the amounts and lands attached to our names, upon the express condition that the road shall be permanently located on the east side of White River, within one mile of the road run between Indianapolis and Spencer. Cash stock will be payable, not exceeding ten per cent, every ninety days, at the requisition of the board. Lands may be taken within ten miles of the line, to be appraised…