Madden v. Louisville, New Orleans & Texas Railway Co.

Citations

• 66 Miss. 258

Syllabus

<p>1. Eminent Domain. Condemnation by ministerial officers. Record thereof.</p> <p>When land is condemned by application to a mere ministerial officer, as a chancery clerk in vacation, and there is no judicial action by a competent court thereon, it is material to the validity of the condemnation that the record thereof affirmatively show strict compliance with the terms of the law authorizing the proceeding.</p> <p>2. Same. Condemnation before ministerial officer. Disinterested commissioners.</p> <p>In such a proceeding before a ministerial officer, if the statute or charter provides that the appraisement shall be by disinterested commissioners, and the record fails to show that the commissioners who acted were disinterested, there has not been a lawful condemnation.</p> <p>3. Same. Requirements of appellee’s charier. What record must show.</p> <p>The charter of the New Orleans, Baton Bouge, Vicksburg and Memphis B. R. Co. (Acts 1882, p. 920), consolidated into the Louisville, New Orleans and Texas By. Co., requires that commissioners to appraise condemned land be disinterested: and if the record of condemnation proceedings, had before a chancery clerk in vacation, fail to show that the commissioners were disinterested, the condemnation is void.</p> <p>4. Estoppel. Claim of land and damages. JVhien owner not put to election.</p> <p>Where one’s land, sought to be condemned for a railroad company, has been appraised, and, pursuant to|the charter, the award is paid into the chancery court, and is there attached as the money of another, and the owner, who has appealed from the decision of the appraisers, interposes a claim in the attachment suit to the money, and is thereafter deforced of the land by the company, which secures a dismissal of the appeal, such owner is not estopped to bring ejectment for the land, merely because of such claim and the pendency of the claimant’s issue as to the money.</p> <p>5. Same. Equivocal steps; when deemed precautionary merely. No fi