Southern Railway Co. v. Lima Wood & Coal Co.

The Lima Wood and Coal Company instituted an action of unlawful entry against the Southern Railway Company. Both parties waived a jury and submitted all questions of law and fact to the trial judge, who* entered judgment for the plaintiff. From this judgment the defendant obtained a writ of error.

The plaintiff sought to- recover possession of a small *831strip of land on the ground that it was in peaceful possession thereof and the defendant by forcible entry dispossessed it. The fact that the plaintiff was in possession is not disputed. The defendant denies forcible entry, claims to be the legal…