Berthal O. Williams and Patricia Williams v. The Indiana Rail Road Company

PYLE, Judge.

Statement of the Case

[1] This appeal involves an “indenture” or agreement — dating back to 1901 — between property owners and a railroad company. The indenture gave the railroad company a right to build and maintain a dam and the resulting accumulation of water on the landowners’ property at a depth of fourteen to twenty feet so that the railroad could use it for railroad purposes. More than 100 years later, subsequent property owners — Berthal O. Williams (“Berthal”) and Patricia Williams (“Patricia”) (collectively “the Williamses”) — attempted to enforce that indenture with a…