Schulenburg v. Memphis, Carthage & Northwestern R. R.
Supreme Court of Missouri
Appeal from Jasper Circuit Court. — PIon. Joseph Cravens. Judge. The appellant did not possess the power to subject the land to the lien of a mechanic or material man. It had» in and over the land, a mere right of way for its railroad, and could only use the land for the purposes of the grant. Proprietors v. Nashua $• Loioell.
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Appeal from Jasper Circuit Court. — PIon. Joseph Cravens. Judge. The appellant did not possess the power to subject the land to the lien of a mechanic or material man. It had» in and over the land, a mere right of way for its railroad, and could only use the land for the purposes of the grant. Proprietors v. Nashua $• Loioell. B. B. Co., 104 Mass. 1; San Francisco v. Caldercood, 31 Cal. 585; Warren v. Lyons City, 22 Iowa 351; Washb. on Easm. & Serv. p. 1, clause 12. Such right of way is not vendible on execution, and, therefore, cannot be subjected to the lien of a mechanic; because the only…
1Opinion of the CourtNapton, J.
— The following is the agreed state of facta in this ease: “ It was proved and admitted, at the trial of the case at the September term of the Jasper circuit court, that defendant bought of plaintiff the lumber mentioned in plaintiff’s petition for the price stated in the account? that the lumber with which the freight, depot at Carthage station, on said railroad, was built, was a part ©f the lumber so bought of plaintiff for that purpose, the whole being a large bill of lumber bought to build a passenger depot and a freight depot at that station; that said freight depot was situated on the…
2Cases cited3 opinions
- Proprietors of Locks & Canals on Merrimack River v. Nashua & Lowell RailroadMassachusetts Supreme Judicial Court · 1870
- Dunn v. North Missouri RailroadSupreme Court of Missouri · 1857
- Holzhour v. MeerSupreme Court of Missouri · 1875
3Cited by9 opinions
- Heman Construction Co. v. Wabash RailroadSupreme Court of Missouri · 1907
- Knapp v. St. Louis, Kansas City & Northern Railway Co.Supreme Court of Missouri · 1881
- McCutcheon v. Pacific RailroadMissouri Court of Appeals · 1897
- Sweaney v. Kansas City Railway Co.Missouri Court of Appeals · 1893
- Shine's v. HeimburgerMissouri Court of Appeals · 1895
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