Commonwealth v. Middleton

Opinion of the Court by

Judge Clarke

Affirming.

By this .action the Commonwealth seeks to dispossess defendants of two adjacent strips of land, the title to which of certain railroad companies had been es-cheated to it for nonnser. Upon a former appeal the an*572swer of the defendants, in .so far as it pleaded fraud upon the part of the railroad companies in .obtaining deeds from them, was held good. Middleton v. Commonwealth, 200 Ky. 237, 254 S. W. 754. Upon a trial of that issue before a jury, the claim of fraud was sustained and the petition dismissed. By this appeal the Commonwealth ■seeks a…