Nashville union and dispatch. [volume] (Nashville, Tenn.) 1866-1868, 1867-07-10

BABfA RAILROAD AGAINST THE CITY
The citizens of Nashville have an interest
in understanding the matters in litigation
between the Tennessee and Alabama Rail-
road Company and the city of Nashville,
now pending in the Chaneery Court The
bill of the Railroad Company exhibits an
agreement between the Railroad Company
and corporate authorities of South Nash
vile, which declares that the. Railroad
Company were DESTROYS Of locating depot
at Nashville, and having selected a SUITE
able parcel of ground containing twenty
two acres lying within the corporate limits
of South Nashville, well suited for the pur
pose Of depot, of which twenty-five acres
a survey and plat had been made and the
citizens of South Nashville being willing
that said Railroad Company should be
accommodated in the site selected for a depot
and believing it TO be suitable and con-
venient place for such purpose, and the
Mayor and Aldermen of South Nashville
being willing on the part of the inhabitants
of South Nashville 10 assist and aid in the
purchase of the said twenty-five acres for
thepurpose aforesaid and also to procure the
right of way to the Cumberland river &C
exhibited by the engineer, for the purpose
Of extending the road to the river. Said
Railroad Company binds itself to go to
said river in the corporate limits of South
Nashville and the Mayor and Aldermen
agree that said Railroad Company shall
have the free use and right of wharfage for
railroad purposes and the said parties
have, in view of the premises, agreedon the
terms on which said location of said depot
shall be made, and right Of way shall be
obtained to Cumberland river-to-Wit; the
Tennessee and Alabama railroad shall pay
ten thousand dollars in six, twelve and
eighteen months to the corporate authorities
OF South Nashville, in full consideration
for the twenty-five acres, and right of way
to the river according TO the plan of the
engineer; and the corporate authorities
bind themselves to procure the said twenty
two acres, and the right of way from the
different owners of the property, and to
have the same rested IN the SAID Railroad
Company, by good and sufficient deeds of
conveyance at their own cost, without any
additional expense whatever to the Rail
road Company. The bill exhibits copies
of heproceedings Of the Railroad Directors
and Of the Mayor and Aldermen of South
Nashville, on behalf Of the citizens thereof,
by which bodies, it was resolved, that they
do acquiesce in, and ratify the agreement
entered into between the parties aforesaid,
stipulating the conditions of sale and
transfer of grounds for depot, and right OF
way TO Cumberland river and wharfage.
The bill charges that the Railroad Company
executed its notes for ten thousand dollars
and paid them, took immediate possession
of the twenty-five acres and erected work
shops on portion of the tract, and branch
was made TO Broad street. The bill fur
Their charges thatthe corporate authorities of
South Nashville caused titles to parts of
said twenty-five acres to be obtained and
vested in the President and Directors of the
Tennessee and Alabama Railroad Com
pany, and the title TO other parts of said
twenty-five acres have been obtained by the
Mayor and Aldermen of South Nashville,
or by the Mayor and Aldermen OF Nash
Vile, by deeds of conveyance TO themselves
instead of the railroad company, as they
agreed to do. That by the authority OF
law, the corporations Of Nashville ard
South Nashville became united, and that
in consideration of the territorial jurIsdic-
ton acquired over South Nashville, and
the taxes arising therefrom, the corporate
authorities of Nashville became bound by
the terms of the union for the execution OF
the agreement and for the procurement of
depot grounds, right of way TO the river,
and free use of the wharf, for which the
railroad company had paid ten thousand
.dollars. That till very recently the rail
road company had no information what
ever that conveyances of title to any part of
said property had been taken by the cor
porate authorities of Nashville TO them
selves The bill further charges that the
corporate authorities of Nashville had APP
propriated some four or five acres of the
twenty-five acres as a graveyard, and had
lately ordered the Mayor to sell other parts
of the twenty-five acres at public auction,
although the railroad had paid ten thou
sand dollars for the twenty-five acres. The
bill pravs ihat the sale of the land be en-
Joined, that the dead bodies therein in
TERED be removed, if practicable, and ifnot,
that compensation be decreed, and that
titles to any part of the twenty-five acres
now vested in the Mayor and Aldermen of
Nashville, be Invested, and vested in the
President and Directors of the railroad, so
that the company may proceed to the cree
ton of its depot and other buildings as
soon as the course of its business may per
nit The bill further states that the whole
Of said twenty-five acres was scarcely sut-
fcient for the purpose for which it was
originally purchased
No answer, so far as We can learn, has
been fled to this bill. Until that be filed,
we cannot state the facts on which the cor