East Alabama Railway Co. v. Doe Ex Dem. Visscher

Citations

• 114 U.S. 340
• 5 S. Ct. 869
• 29 L. Ed. 136
• 1885 U.S. LEXIS 1767

Syllabus

<p>Various owners of lands in Alabama granted to a railroad corporation of that State, “ and its assigns,” in 1860, a right of way through the lands, to make and run a railroad, the corporation having a franchise to do so and to take tolls ; and it obtained a like right, as to other land, by statutory proceeding. It graded a pare of the, line. V., a judgment creditor of the corporation, in 1867, levied an execution on the right of way, and it was sold to V., and.the sheriff deeded it to him, and he took possession of the road-bed. In 1870, he contracted with another railroad corporation to complete the grading of the line of road for so much p'er mile, and, on being paid, to transfer to it all his title to the franchise, right'of way and property of the old corporation. He completed the work, and was not paid in full, but gave possession of the road, in 1871, to the corporation, and its franchises and road and property passed, in 1880, to another corporation, the defendant, against whom V. brought an aetipn of ejectment, to recover the road-bed: R'eld,</p> <p>(1.) The .right of way could not he sold on'execution, or otherwise, to.a purchaser who did not own the'franchise :</p> <p>(8.) There was nothing in tbfe .contract to estop ,the defendant from disputing' the right of .V. to recover in ejectment, on the strength of his title ;</p> <p>13.) V. could not recover.</p>