William H. Loehde and Jessie Carolyn Loehde v. Wisconsin River Power Company, a Wisconsin Corporation, and Walter Buchanan

CASTLE, Circuit Judge.

This diversity action originated in a suit brought in the District Court by plaintiffs-appellants, William H. Loehde and Jessie Carolyn Loehde, against the defendants-appellees, Wisconsin River Power Company (hereinafter referred to as defendant) and Walter Buchanan, its lessee, to recover possession of a forty acre tract of land and to recover damages for materials excavated therefrom and for inundation thereof.

The tract in question is near Necedah, Adams County, Wisconsin, adjacent to, and about 500 feet below, the Petenwell dam erected by defendant in 1948. William H.…