Receiver of Central R. & Banking Co. v. Macon, D. & S. R.

Citations

• 115 F. 926
• 1902 U.S. App. LEXIS 4983

Syllabus

<p>1. Equity — Grounds for Relief — Sufficiency of Petition of Intervention.</p> <p>The receiver of a railroad filed a bill in equity to enjoin the tearing up by another railroad company of a spur track connecting a brickyard with the main line of his road, alleging that his company had been in lawful and peaceable possession and use of such track for more than 10 years. The owner of the brickyard intervened for the protection of his right to the continued use of the spur track under a contract with the receiver’s company. His petition showed that the deed by which he acquired the property described the same as a brickyard, and that the spur track which was upon the land of his grantor then existed and was essential to the use of the property conveyed for brickyard purposes, iHeidi, that his petition was not demurrable because it also showed that his grantor in the deed reserved the right to sell the right of way subsequently purchased by defendant, and which crossed the spur track, such reservation being consistent with the continued maintenance and use of such track, and that when read in connection with the bill it stated grounds for equitable relief.</p> <p>2. Same.</p> <p>An intervention pro inter esse suo must be construed as pleading in connection with the averments of the original bill.</p>