James v. the Indianapolis
| Decision Date | 31 January 1879 |
| Parties | IRA JAMESv.THE INDIANAPOLIS AND ST. LOUIS RAILROAD COMPANY. |
| Court | Illinois Supreme Court |
OPINION TEXT STARTS HERE
APPEAL from the Circuit Court of Coles county; the Hon. C. B. SMITH, Judge, presiding.
Ira James brought an action of ejectment against the Indianapolis and St. Louis Railroad Company for the possession of “all the land occupied by the defendant for a right of way across the north half of the west half of the north-west quarter of section 22, township 12, range 7 east of the third principal meridian, being fifty feet on either side of the center of said railroad track, across said described land,” claiming title thereto in fee.
The railroad company pleaded, first, not guilty; and secondly, that the supposed cause of action did not accrue to the plaintiff at any time within twenty years next before the commencement of the suit.
By agreement of parties a jury was waived, and the cause was tried by the court, who rendered judgment in favor of the defendant. The record is brought here by the appeal of the plaintiff. It was agreed, upon the trial, that “The Illinois Central Railroad Company acquired the title to the land described in the plaintiff's declaration from the government of the United States, in the year 1852, and that the defendant was, at the time of the bringing of this suit, and is now, in the possession of the land described in the plaintiff's declaration.”
The plaintiff then, having first made preliminary proof of the loss of the original, introduced the record of a deed from the Illinois Central Railroad Company to himself, for the west half of the north-west quarter, and the north half of the south-east quarter of section 22, in township 12 north, of range 7 east of the third principal meridian--reserving, however, the right of way for the Illinois Central railroad--and stipulating therein that “the grantee shall settle the question of the right of way for the Terre Haute and Alton Railroad Company over said land, with the last named company, and hold the Illinois Central Railroad Company harmless against any and all damages the said grantee may claim by reason thereof.” This deed bears date May 28, 1869.
The defendant then proved by the evidence of several witnesses that the railroad track of the Indianapolis and St. Louis railroad was laid over the above described tract of land in 1853, and that the railroad has been operated there ever since.
The plaintiff, in rebuttal, then testified that he obtained possession of the land described in the deed, about eighteen years before, under a contract of purchase from the ...
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