1903

Southern Ry. Co. v. Gregg

Supreme Court of Virginia

101 Va. 308, 43 S.E. 570

In 1870, in a proceeding initiated by a railroad, commissioners awarded landowner $296.09 for land that was taken for track construction. There were several successor railroad companies over the next 26 years, all of which acknowledged the debt. However, the debt was never paid, even though the track had been built. In 1900, landowner filed a bill in equity to subject the land in controversy to a sale to pay the compensation plus interest. Trial court ruled for landowner and decreed land would be sold if debt not paid in full in 60 days. Supreme Court affirmed. Landowner had demanded payment from each of the several railroads that used the take. Landowner did not abandon or waive the right of payment.

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