The Federal Reporter. Volume 55 Cases Argued and Determined in the Circuit Courts of Appeals and Circuit and District Courts of the United States. May-July, 1893. Page: 50
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FEDERAL REPORTED, Vol. 55;.
10 days also excludes Sundays. See, also, Kitchen v. Randolph, 93
U. S. 86, and Danville v. Brown, 128 U. S. 503, 9 Sup. Ct. Rep. 149.
Motion to quash execution is granted.
BALTIMORE & O. R. CO. v. PARRETTE et al.
(Chcuit Court, S. D. Ohio, E. D. March 10, 1893.)
No. 622.
1. EMINENT DOMAIN-PARTIES-RIGHTS OF LESSEE.
A judgment condemning lands for public use does not affect a lessee's
right of possession when he is not made a party.
2. RES JUDICATA-SUITS AT LAW AND IN EQUITY.
Where a lessee who was not made a party to condemnation proceedings
brings suit to enjoin a city from opening a street through the leased
premises, a decree finding that the equities are with the defendant, and
dismissing the bill, does not bar the lessee from maintaining a subsequent
action at law to assert his legal right of possession.
At Law. Action of ejectment by the Baltimore & Ohio Railroad
Company against Thomas F. Parrette and others. Judgment for
plaintiff.
J. H. Collins, for complainant.
Joseph Hidy and Ace Gregg, for respondents.
SAGE, District Judge. This is an action in ejectment against
Thomas F. Parrette, Lewis C. Mallow, and Henry Fulton, commis-
sioners of Fayette county, Ohio, and against Addison Hays & N. B.
Hall, partners as Hays & Hall, to recover possession of a strip of land
28 feet wide and 50 feet long, on the southwest side of the complain-
ant's main track, a short distance northeast of its passenger depot
at Washington court house, Fayette county, Ohio. The petition
was filed on the 23d day of August, 1892. It sets forth that the
defendants, on or about the 14th day of August, 1892, in the night
season, entered upon said strip of land, and erected thereon a wooden
structure of trestles, sills, flooring boards, and other material of
similar character; that said entry was unlawful, wrongful, and with-
out any right or title; and that they had remained in possession and
were in possession thereof. The plaintiff, setting up its own title
and right of posseession, prays for judgment.
The defendants deny the complainant's ownership, and its right
to the exclusive possession of said property, or that they have re-
mained in possession of said premises ever since the 14th day of
August, 1892, or that they were in the possession of the same on
the 23d day of August, 1892, or have been at any time since that
date, or that they have kept plaintiff out of possession. They admit
that the plaintiff has a limited and qualified ownership in the prem-
ises, and that the defendants, on the 14th day of August, 1892,
entered upon the same, and erected thereon a bridge across Paint
creek; but they deny that the entry was unlawful or wrongful, and
assert their full right to do what they did do. They further
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The Federal Reporter. Volume 55 Cases Argued and Determined in the Circuit Courts of Appeals and Circuit and District Courts of the United States. May-July, 1893., legislative document, 1893; Saint Paul, Minnesota. (https://digital.library.unt.edu/ark:/67531/metadc36382/m1/65/: accessed April 19, 2024), University of North Texas Libraries, UNT Digital Library, https://digital.library.unt.edu; crediting UNT Libraries Government Documents Department.