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414 THE BELLONA COMPANY'S CASE.
pany's Works; and that, in consequence of there being no other
corporator of the alleged company, the charter, if any ever existed,
has become null and void, and the company without any right or
capacity whatever to sue or be sued. That the buildings of every
description erected on the land claimed by the plaintiffs, were of
the meanest kind; being principally constructed of unfinished
plank, and deserving more properly the appellation of sheds than
houses; that the defendants were incorporated by the acts of 1827,
ch. 72, and 1830, ch. 49, under the authority of which laws they
had proceeded to lay out the site and route of their rail road over
the land of the plaintiffs, towards the town of Westminster; the
location of which branch rail road does not, in any manner, inter-
fere with any of the charter rights or privileges of the plaintiffs;
and that a location of it in any other way, even if practicable,
which they deny, would involve an expenditure of from fifteen to
twenty thousand dollars; that, the plaintiffs being unwilling to
contract for the sale of their land to the defendants, they caused a
warrant to be issued for the purpose of having it condemned to
their use, according to the provisions of the acts of Assembly by
which they were incorporated; but have been prevented by this
injunction from completing their acquisition of a title to it in that
way. The defendants further deny, that the construction of their
road, as located, will prevent the plaintiffs from carrying on their
manufactory; or that it will be attended with any additional hazard
to the workmen employed therein; and, that instead of their branch
road passing nearly a mile over the land of the plaintiffs, it crosses
their land only for a distance of a hundred yards at most. The
defendants deny all knowledge of the other matters set forth in
the bill
Upon the suggestion of the defendants and an affidavit of their
president, the proceedings were, according to the act of 1824, ch.
196, removed from the county court of Baltimore, and filed in this
court on the 16th of September, 1831. After which notice having
been given under an order, according to the course of this court,
of a motion to dissolve the injunction, it was accordingly brought
on for a hearing.
17th October, 1831—BLAND, Chancellor.—The motion to dis-
solve the injunction standing ready for hearing, and the solicitors
of the parties having been fully heard, the proceedings were read
and considered.
It was objected that the depositions which had been taken could
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