McCarty v. St. Paul, Minneapolis & Manitoba Railway Co.

The St. Paul & Pacific Bailroad Company, about the year 1872, caused its road-bed to be constructed oyer the lands of plaintiff, and raised and graded thereon the embankment for its track complained of in this action, but without having previously acquired the right of way, or taking any proceedings to have the amount of plaintiff’s damages ascertained. Subsequently, such negotiations were had between the parties that the plaintiff did, on the 7th day of December, 1876, in consideration of $500, execute and deliver to such corporation a deed, with full covenants and warranty, of the strip of…