St. Louis, Alton & Terre Haute Railroad v. Karnes

Citations

• 101 Ill. 402
• 1882 Ill. LEXIS 99

Syllabus

<p>1. Eminent domain—lawfulness of possession obtained under the act— before and after a reversal. After an appeal had been prayed and allowed in favor of the land owner, in a proceeding to condemn his land for a right of way, in which his compensation had been fixed by a jury, the railroad company seeking the condemnation paid the sum found by the jury to the county treasurer, and gave the proper bond, as required by the statute, to give a right to enter upon the land. Before the judgment in the proceeding was reversed, on the appeal to this court, the land owner accepted the money deposited with the treasurer, which he never offered to return, and without causing the remanding order to be filed and the cause redocketed for further proceedings brought ejectment against the lessees of the railroad company for the land used as a right of way: Held, that as the possession, when first taken, was lawful, the mere reversal of the judgment without taking any further steps, or returning or offering to return the money paid, did not render the continuance of such possession unlawful, and that the action could not be maintained.</p> <p>2. The reversal of a judgment condemning land for a right of way, on appeal by the land owner, will not divest the possession of the corporation procuring the condemnation lawfully obtained, or render its continuance unlawful. It has no effect whatever upon the right of possession. In such case, if the land owner deems the compensation allowed and paid to him as insufficient, he should, within two years after the reversal, have the cause remanded and docketed, giving the proper notice, and have another trial. If he fails to do so, and retains the sum paid him, he may be regarded as abandoning any claim for further compensation.</p> <p>3. Ejectment-—must be an unlawful entry and unjust detention. The action of ejectment proceeds for1 the possession of premises, claiming that they have been unlawfully entered and unjustly withheld, and facts whi