108 HIGH COURT OF CHANCERY.

a portion of the complainant's land, required for the construction
of their road, a jury convened for that purpose by the company,
met and condemned certain land of the complainant for its use,
(which the inquisition stated, was condemned as of an absolute
estate in perpetuity,) and awarded to him the sum of $212, as
damages therefor. That, on the 31st of August, of the same
year, another portion of his land, was in like manner condemned,
for which the further sum of $135 was awarded to him. That
the said damages had never been paid, and no conveyance had
been made. That the road had been constructed over only
part of these lands, and the rest had been made the site of a
public house, which the company had rented for profit, by rea-
son of which misappropriation, it was contended, that their
right to that portion of the land had been forfeited, and that it
had therefore reverted to the complainant. The bill prayed
that the company should be decreed to pay the money so due
by them, and that in default thereof, it should be perpetually
enjoined from passing over that portion of the road, that the
equitable lien of the complainant for the purchase money be
enforced, and the (and be sold for its satisfaction, andi that the
part occupied by the public house, as above mentioned, be
delivered to him, and the company be restrained by injunction,
from disturbing him in the enjoyment of it. The answer of the
company stated, that shortly after the damages were awarded
to the complainant, the same had been tendered him, which
he refused to take; and, that the money so tendered, had been for
a long time kept ready, to be given him on application. That
its property had been conveyed to trustees for the benefit of its
creditors, and was then vested in James Iglehart, and William
S. Green. That, by an act of assembly, passed at December
session 1841, chap. 168, it was authorized to issue bonds, pay-
able partly out of net income and profits, and that it had been,
and was, willing to issue a bond or bonds, to the complainant
for his debt, or if the court should consider the debt a lien on
the property, and that such a course would be proper, it was
willing to apply its revenues and profits to pay it. That the
house built by it was useful as a depot, and that the complain-