Harris' Ex'x v. Chesapeake & O. Ry. Co.

Opinion op the Court by

Stanley, Commissioner

Affirming in part, reversing in part.

This suit in ejectment was filed by tbe Chesapeake & Ohio Railway Company against Hiram Harris nearly 19 yéars ago. It sought possession of two parcels in Prestonsburg. One contains .65 of an acre, lying between plaintiff’s right of way and the river, and the other .45 of an acre on the other side of the right of way. The defendant pleaded ownership through adverse possession. The case slumbered and slept until a special judge decided it without the intervention of a jury. The defendant died during the time and…