Kerr v. South Park Com Rs
Decision Date | 29 March 1886 |
Parties | KERR and others v. SOUTH PARK COM'RS. 1 Filed |
Court | U.S. Supreme Court |
Edward S. Isham, for appellants.
M. W. Fuller, for appellees.
The proceedings and decree brought here for revision by this appeal are in execution of the mandate of this court affirming a former decree in the cause, the appellants being the executors and devisees of William P. Kerr, the original complainant, in whose names, upon his death since the decree, the cause has been revived. The original litigation established the title of Kerr to the premises in controversy, subject to the right of the appellees, the South Park commissioners, who had taken possession of the lands on August 27, 1870, to appropriate them for the public use as a part of a public park in the city of Chicago, on payment of their value on that day. It was ordered by the decree that the South Park commissioners pay to the complainant
Afterwards, at the October term, 1884, the issue directed by the decree of October 8, 1878, was tried by a jury, who returned a verdict fixing the value of the tracts of land in controversy, comprising 111 acres, as of the date of August 29, 1870, at $155,400, which verdict was certified by the clerk to the chancery side of the court as by the decree was directed. And thereupon, on January 20, 1885, the following decree was entered. ...
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