Olive, Sternenberg & Co. v. Sabine & East Texas Railway Co.

WILLIAMS, Associate Justice.

This suit, as originally instituted, was in form an action of trespass to try title, by appellee, to recover of appellants its right of way across the James Pearson tract of land, in which it was alleged that appellants had entered upon such right of way and ousted plaintiff therefrom. Appellants in their answer claimed, in substance, that they were the owners of the fee simple title to the Pearson tract and were malting only such use of the land included within appellee’s right of way as they were entitled to make as such owners. They set out in detail the facts…