Chicago & Western Indiana Railroad v. Slee

This is an action of trespass brought by appellee against appellant to recover for the continuance of the alleged wrongful possession of certain premises.

The record shows that appellee recovered a judgment against the appellant in a prior action for the wrongful entry upon the premises in question; that appellee claims the locus in quo as owner in fee, and that appellant has continued in possession since the wrongful entry for which appellee recovered, and that appellee has never regained the possession or re-entered. “ The right of the true owner to the use and profits is suspended until he…