Lake Erie & Western Railroad v. Power

Eveline Murray owns, and has owned since 1874, and perhaps longer, eighty acres of farm land in Rush county, Indiana, the possession of which appellee has held continuously, under a parol lease as tenant from year to year, and for .which he has always paid an annual cash rent since 1874.

In 1881 said Eveline Murray granted the New Castle & Rushville Railroad, its successors and assigns, the right-of-way over and across said real estate, in consideration of an agreement by the company therein contained “to'build and maintain a good fence on the right-of-way herein conveyed immediately on the…