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TILLER v. NORFOLK AND WESTERN RAILWAY COMPANY

110 S.E.2d 209 (1959)

201 Va. 222

Fannie TILLER et al. v. NORFOLK AND WESTERN RAILWAY COMPANY.

Supreme Court of Appeals of Virginia.

September 3, 1959.

Attorney(s) appearing for the Case

S. H. Sutherland, Clintwood (S. H. & George C. Sutherland, Clintwood, on the brief), for appellants.

M. M. Long, St. Paul, Fred B. Greear, Norton, for appellee.

Before EGGLESTON, C. J., and SPRATLEY, BUCHANAN, MILLER, WHITTLE, SNEAD and I'ANSON, JJ.

I'ANSON, Justice.

This is a condemnation suit instituted by the Norfolk and Western Railway Company against Fannie Tiller, Maxie T. Mullins, Tollie E. Mullins, Rachel Barton, Ira Barton, Hattie Ashworth, Eugene Ashworth, Graham A. Tiller, Janie Ruth Tiller, J. Bernard Tiller, Mona Tiller, Elaine T. Duty and Dewey Duty, all heirs at law of Eivens Tiller, hereinafter referred to as the defendants, to take certain lands owned by the defendants and a section of a secondary...

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