Dearing v. N., C. & St. L. Ry.

delivered tlie opinion of the Court.

This is an ejectment suit to gain possession of approximately 1100 acres of land in Franklin County. The complainant, Bearing, unsuccessful in the Chancery Court, appealed to the Court of Appeals, where the decree of the Chancellor was reversed and a decree awarded him. The defendant’s petition for the writ of certiorari has been granted and argument of counsel has been heard. '

The land in controversy was purchased by the Railway in 1869, and operations were conducted thereon for cutting timber to provide fuel for its wood-burning locomotives. Certain…