14 Neb. 270 | Neb. | 1883
In April, 1881, the defendant instituted proceedings in the county court of Platte county for the appointment of
Li the case of the Republican Valley R. Co. v. Hayes, 13 Neb., 489, it was held by this court that where a railroad company condemns real estate as the property of a person named, it cannot on appeal from the award — at least without tendering in issue to that effect — disprove such •ownership. The reason of the rule is plain. The appeal properly brings up only the question of damages. If that is the only one to be determined no pleadings are necessary, because the sole question for consideration is, what is the amount which the land-owner ought to recover? Neb. Ry. Co. v. Van Dusen, 6 Neb., 160. But when other matters are involved in the case, they must be put in issue. The R. R. Co. acquires merely the right of way possessed by the parties to the proceedings. It is therefore its duty to bring in all parties having an interest in the estate in order that the condemnation money may be properly applied. The word “ owner ” as used in the statute applies to all persons who have an interest in the estate.
Where it is necessary the court possesses ample power to require such parties to interplead, and to apportion the ■money according to their rights. The court therefore erred in directing a verdict for the defendant.
The question of the validity of the tax deed has not been very fully considered in the brief of either counsel, and
The judgment of the district court is reversed, and the cause remanded for further proceedings.
Reversed and remanded.