New Orleans, Mobile & Chattanooga Railroad v. Frederic

Citations

• 46 Miss. 1

Syllabus

<p>1. RAILROAD CHARTER OE N. O., M. & O. R. R. Co. — CONDEMNATION OE land — notice to parties in interest. —Under the charter oí the N. O-, M. & 0. R. R. Go., notice to all the parties in interest, of the application for the appointment, of commissioners; time and place of the meeting of the commissioners, and of the hearing of their report for confirmation, is a prerequisite, without which the proceeding is void.</p> <p>2. Same — same — chancery—injunction.— Where land belonged to heirs, and the widow is entitled to dower, and the widow and heirs occupied it, and the N. O., 3M. & C. R. R. Oo. proceeded to have the ground condemnedfor the right of way and for depot purposes, hut gave notice of the time and place of application for the appointment of commissioners to appraise the value of said property, to the widow only, and not to the heirs, and the railroad company notified the widow that she was a tenant at will to them, and must remove from her home or he turned out of possession. It was held, upon a hill filed by the widow and heirs to restrain the further proceeding of the company, that an injunction was properly issued.</p>