Pearson

— This is a proceeding to condemn lands for railroad purposes, and on the filing of the petition the court entered an order authorizing the petitioner to take possession of and use the land pending the proceedings on filing a bond with sureties as required by the statute. The bond was filed and the petitioner took possession of all the land, except three lots belonging to Pearson. Answers were filed by the land owners contesting the right to condemn the lands and denying the necessity of condemning them for railroad purposes. On hearing the petition the court entered an order adjudging that the lands were necessary and proper for the use of the petitioner and appointed commissioners to appraise their value. In December, 1866, the commissioners filed their report and assessment of damages, which were confirmed by the court, but on appeal to the supreme court the order confirming the report was reversed. Subsequently, in December, 1869, on notice and motion, the order previously made authorizing the petitioner to take possession of the land was vacated and set aside, so far as the same related to the three lots of Pearson before mentioned. The court then ordered the commissioners to…