Rockford, Rock Island & St. Louis R. R. v. Beckemeier

The declaration in this case consists of three counts in covenant. It counts on a deed poll, executed by plaintiff to defendant, tor a strip of land through his farm. The consideration named in the deed was $325, and upon condition that defendant should erect a depot building upon the section of land upon which plaintiff’s farm was situated, and near the north line of the farm, and also erect a sufficient fence on each side of the strip. The deed was delivered to and accepted by the defendant. It is averred that the company took possession and immediately built their railroad over the same,…