Pennsylvania State Reports (Volume 66) (Paperback)

This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1871. Excerpt: ... APPRAISEMENT. Widows 1-3. APPROPRIATION. 1. Chase having balances in a bank requested them to pay a debt for him, agreeing that if they would do Bo, his balances should be applied to the repayment. The bank paid the debt and Chase gave his note for the amount; it being agreed that the balances should be adjusted in a short time. Before they were adjusted the bank failed and went into the hands of a receiver. Held, that there had been an appropriation of the balances to the note, and that in a suit by the bank on the note the balances were to be deducted. Chase v. Petroleum Bank, 169. 2. The transaction was a contract, the appropriation of the balances being the consideration for the advance, la. 3. After the advance by the bank, Chase could not have checked out the balances. Id. 4. The balances could not have been attached by Chase's creditors. Id. 5. If a railroad company enter on land unlawfully without a legal appropriation and assessment of damages, ejectment is the proper remedy and the question is title not charge or encumbrance for the damages. Me Clinton v. Pittsburg, Ft. W. and C. Railroad, 404. 6. The right to recover land thus taken, is secured by the 4th section of 7th Article of the Amendments of 1838. Id. 7. When the Commonwealth exercises the power of eminent domain it must provide the means of payment before taking property; a corporation or individual must pay or secure its price. Id. 8. A railroad company without appropriation entering upon land, laying their rails, &c., and running their road are not using an easement but are in possession of the land. Id. 9. Where a railroad company has tortiously entered and taken possession of land, and used it for their road, the owner may proceed in the mode provided by the Act of Assembly to asses...