Chicago, Burlington & Quincy Railroad v. Malmgren

Appellant filed its bill in the circuit court of Kane county for an injunction to restrain appellee from removing certain fences along the right of way of appellant. The court dismissed the bill for want of equity and it is sought to bring the appeal here.

It appears from the undisputed evidence that appellant’s line of railway extends through the southwest quarter of section 16 and the southeast quarter of section 17 in Big Rock township-, in Kane county; that in 1884 the land on both sides of this railway was owned by Andrew Anderson, and the land immediately adjoining the southwest quar-'…