UNION TRUST CO. v. ILLINOIS MIDLAND CO.


117 U.S. 434 (1886)

UNION TRUST COMPANY v. ILLINOIS MIDLAND RAILWAY COMPANY. BORG & Another v. ILLINOIS MIDLAND RAILWAY COMPANY. WARING & Others v. UNION TRUST COMPANY. FLETCHER & Others v. ILLINOIS MIDLAND RAILWAY COMPANY & Another.

Supreme Court of United States.

Decided April 5, 1886.


Attorney(s) appearing for the Case

Mr. Edward S. Isham and Mr. Wheeler H. Peckham for Union Trust Company.

Mr. Edward S. Isham for Borg & others.

Mr. H. Crea and Mr. Charles A. Ewing for Waring & others.

Mr. John M. Butler, Mr. John T. Dye and Mr. W.P. Fishback for Fletcher & another.

Mr. H.S. Greene for Wabash, St. Louis & Pacific Railway Company.

Mr. John M. Palmer and Mr. Josiah M. Clokey for Sylvester & others.


MR. JUSTICE BLATCHFORD delivered the opinion of the court.

The Peoria, Atlanta and Decatur Railroad Company was incorporated as an Illinois corporation, in 1869, to construct a railroad from Peoria, in Tazewell County, in a general southeasterly direction, through Atlanta, in Logan County, to Decatur, in Macon County. Such of the road as was constructed was built in 1873 and 1874, from a point five miles east of Peoria, on what is now the Wabash, St. Louis and Pacific...

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