Waldron v. Toledo, Ann Arbor & Grand Trunk Railway Co.

•Champlin, J.

Plaintiff brought ejectment for a strip of land occupied by defendant as a right of way in the city of Ann Arbor, claiming title in fee. The plea was the general ‘issue. In 1880 plaintiff was the owner in fee of the land in •question. At that time the Toledo, Ann Arbor & North*422eastern Railroad Company was engaged in constructing a railroad, and desired to build it on and over the land in quéstion, and applied to plaintiff, who was secretary of the company, for permission to do so. Plaintiff and said company had been negotiating with reference to this right of way. Plaintiff…