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action agreed agreement alleged allowed amount Appeal application assignment authority Bank bill bond building cause charge claim common complainant condition construction contract conveyed corporation court crossing damages death debt decree deed defendant direct duty effect entitled error evidence exception execution existence fact feet filed follows give given grant ground held intent interest issue judge judgment jury land liability March matter ment mortgage necessary notice objection owner paid parties payment person plaintiff possession present proceedings purchase question railroad reason received record recover referred relation road rule secure statute street sufficient suit Supreme Court taken testimony tion town trial trust whole wife witness