Hope v. Norfolk & Western Railroad

Citations

• 79 Va. 283
• 1884 Va. LEXIS 83

Syllabus

<p>Railroads—Acquisition of Right of Way.—C., in 1851, conveyed to N. & W. R. R. Co. “ all right, title, interest and estate of, in and to so much of her land in W. county as may be laid out for the construction of its railroad,” to-wit: a strip eighty feet wide and containing nine acres. Of said land C. was only tenant for life, with remainder in fee in H. In 1881 C. died. No steps were taken by skid company to acquire said right of way, except taking conveyance from C. Within three years after C.’s death, H. brought unlawful detainer against said company for this land.</p> <p>Held :</p> <p>1. H. is entitled to judgment for the land.</p> <p>2. H.’s right of action did not accrue till C.’s death.</p> <p>3. Statute prescribes how such companies.may have land condemned for their purposes; but if they proceed by negotiations in pais with the life tenant only, they can acquire only such life tenant’s rights.</p>