Denver & Rio Grande Railroad v. Mills

On the 11th day of July, 1912, the plaintiff in error *200filed its petition in condemnation of a right of way for the construction and operation of a branch line across certain lands of which the defendant in error claimed to be the owner. This petition in all respects conformed to the statutes in such a proceeding, except that it did not declare that the defendant in error was the owner of the premises. The petition on the contrary set forth that both plaintiff and defendant claimed title to the premises, and that theretofore and on the 12th day of June, 1912, the defendant in error filed his…