Lake Erie & Western Railway Co. v. Kinsey

Franklin, C.

Appellee sued appellant in ejectment for the possession of a strip of ground occupied for the use of its railway. Appellant had taken the statutory steps to condemn the right of way over appellee’s land. Appraisers had been appointed who assessed the damages at $50, and filed their report in the clerk’s office. Appellant immediately paid in to the clerk the $50, took possession of the right of way, and proceeded to construct its road. Appellee, within ten days after the filing of the report, filed with the clerk his exceptions *515thereto, and appealed the case to the circuit court,…