The Memphis appeal. [volume] (Memphis, Tenn.) 1886-1890, 1888-04-14
PETITION AND PARTIAL DECREE.
So emiusly Internsnabie squabble Over
broadway street.

broadway street.
The Memphis & Charleston Railroad
company filod another bill IN chanccry
yesterday relating to the ownership OF th6
old Memphis & IaGmnge railroad, ex
tending from Mctihce station 10 Fort
Pickering The complaint is hurled
aeuns, the Tennessee Midland, the Kan
sas City, Springfield &Memplis, the Mem
phis Birmingham & Atlantic and the Kan
sas City, Memphis birmingham Rail
road companies The bill rcciics the fact
of previous ownership by complainant.
how said ownership WIS acquired and the
varying shifiings the right of way has re-
Gently Undergone all OF which was set
forth in the original bill, filed June IL,
1886. since which time all the companies
involved have filed answers. II then pro
cccds TO show the reorganization Of the
Memphis, Binpingham & Ailan,icinto the
Kansas City, Memphis & Birmingham com.
pany, and that these companies have been
expressly cnjoincd from In any manner
interfering with compliments track or
building any additional tracks upon its
property. Notwithstanding this injunction
one or both OF these companies have
catered into some arrangement or agree
ncnt with the Tennessee Midland COM
pany, by which the latter il 20 etftcr upon
iho property in dispute and lay its tracks
thereon, or Occupy the tracks alrOady laid
thereon 10y the two companies. All rc-
quests upon the thrc companies for terms
az conditions OF hicir contracts have been
treated with silence, ~ that Il is unable TO
state exactly what the arrangement Is, but
complainant alleges, on information. that
the Midland II 10 occupy and Use said right
oi way, and will construct and operate
other tracks thereon. This privilege 10
the Midland complainant expressly denies
aud protests against. ~ the Midland has
disclaiinrl any Interest la said property.
The bin pn,ys thai injunction issue from
rlinnccry restraining tho Midland from the
lfi,iicgcs rccitcd. and that at the final
h,nring the Injunction hc made perpetual,
also Tor all such other further, general aud
special rclicf ~ IL may be- entitled to in
the premises.
Chancellor Esics, upon being asked for
y iiat, could SO NO pn'ssing necessity for
The iunuc,iial, issuance Of an injunction,
md the interests involved being important
aud ordered that the complainant give
the defendants, or their soliciiors, one
days written. notice Of the application ior
the injunction, when the court or chanccl-
l"r ~ chambers viii proceed a. hear and
determine the night ol complainant TO an
injunction a. prayed.
Subsequently, by consent of the parties
Interested. the chancellor promulgated a
decree. The latter provided
that the defendant, the Tennessee Midi
land. may. With the consent Of the Kansas
,ity. Springfield q Memphis company,
Connect with the track ne now laid ON the
roperty ,Dnadway street. upon paying
consideration agreed upon with the said
Kansas City, Springfield & Memphis com.
pauy, aud on ia. further condition that
unless within fiNty dayt from the end and
termination ol litigation. now pending Ia
ihe supreme court oi Tennessee, between
tho complainant AMI other defendants
hereto over puld right oi way. Il shall mako
satisfactory arrangements With the parties
decmcd entitled thereto TOT the further use
~ such ughi ~ way, then u shall discon-
iiiue The VS. II the same aud surrender
nll Iiogsfsion thcrcoi obtained undor this
accr'c. Tie Tonnozee Midland company
viii pay the Kansas City, springfield q
M,lnph- comIahy for such uac and occn
palon. and ON the iinal termination ol ti'
litigation between tie Memphis &Chaflcs
ton company and the kanxas City COIN
l.any thc aWount ~ received from th
Tennessee Ni'lland company u TO be nc
counted ioT ~ the court may dircci 1h
dccvc IA b operate W. an Injunction 10 "a
,NiCut herein indicated.