Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1883-05-22
ONE TRACK FOR BOTH.

Your petitioner further shows that one track
on said street will at all events, though said
defenda ants railroad were completed and in
full operation, be sufficient for its use and
the use of this petitioner for many years, and
that by said joint use the public can be bet
ter accommodated in said street, larger and
wider portion being thereby rendered 10 lis
use. That the premises considered, your Pc
titioner AYERS that it is necessary, in order
to construct and extend its connection with
the Memphis and Charleston railroad within
a distance Of FIVE miles from the p int where
said Kansas City, Springfield and Memphis
railroad intersects the boundary line OF the
State OF Tennessee, to have and own a half
interest in the road bed, bridges, drains, clll-
verts, crossings, ties, track and appurtenances
Of said Memphis, Selma and Brunswick Rail
road Company on said Broadway, and the
extension thereof from the east line of Main
street, in said Taxing District, to poiut
where said Memphis, Selma and Brunswick
railroad intersects the said Memphis and
Charleston on said Broadway and lis exIen-
sion in said Shelby county, a distance of
about two miles.
AMOUNT OF LIENS.
That said Memphis, Selma and Brunswick
Railroad Company contracted with said
Greer, Hamilton & Co. for the construction
OF said railroad bed, culverts, bitches, drains,
crossings and ties on said street or highway,
and that said Greer, Hamilton & Co. sublet
said construction 10 said NJ. Burke; that said
defendants company has failed to pay said
contracting or sub-coniracting parties the
amount due therefor, and said Greer, Hamil'
ton & Co. and said M. Burke have filed their
lien against and upon said railroad bed,
drains, culverts. bitches, crossings, ties and
track, pursuant to and in accordance with
the statutes in such cases provided, 10 secure
them for the amount unpaid and due for
work done, labor performed and material
furnished, and that said lien exceeds the sum
of $40 900, as it is claimed.
WANTS TO HELP WORK.
Your petitioner shows that it is prepared
and willing on having duly acquired said
half interest as aforesaid, 10 construct all
necessary bitches, drains, culverts, road
crossings, tracks, ties and other appurte-
nances, and TO complete the work on said
street and to maintain said railroad between
the points Aforesaid on such terms and con.
ditions as your honor may impose. That
said Guarantee Trust and Deposit Company
claims to have lien on the said property
and petitioner believes it to be subordinate
to other liens.
CALLS FOR COMMISSIONERS.
Wherefore your petitioner prays that II
have condemned 10 its use a h ali interest ia
and 10 said road bed, bridges, drains, Gull
verts, crossings, tracks and appurtenauces be-
tween the points her,inoefore designated on
Broadway and the extension thereof in said
Taxing District and Shelby county, pursuant
to the statutes in such cases made and pro-
vided; that said defendants be summoned to
appear by lawful publication or sci vice OF
process, as may be requisite, aud when
properly before the court, that your honor
appoint commissioners 10 appraise said
properly and lands to be condemned, and to
assess the damages to the defendants there
for; that such acts be done and orders m ade
herein as may be lawful and proper in the
premises, and for other proper relief.
NEWMAN ERB,
Solicitor for Petitioner, K. G., S. and N. R. r. Co.