Nashville & Chattanooga Railroad v. Murphy

Opinion by

Judge Lindsay:

This was an action to recover damages for trespass1' to real property. To authorize a recovery for the permanent injury resulting from the car structure of the railway across the lot of land it was not necessary that appellee should hold the legal title. If he was the owner of the property in question, and in the possession of it, his right of action was perfect. Appellant’s answer does not controvert his ownership nor his actual possession of the lot, but avers want of knowledge or information as to whether on the day named in the petition, “He was the owner of the…