Davitte v. Southern Railway Co.

Error is assigned on the refusal of the judge to grant a new trial on several grounds set out in the motion. It appears from the record that the plaintiff sought to enjoin the railway company from removing the railroad-track; that is to say, the iron, rails, fastenings, cross-ties, etc., from certain land which he claimed to own; which ownership he acquired by virtue of certain muniments of title under the following circumstances : The land in question was owned by one Poteet, who died in possession, intestate, leaving a wife and four children as his heirs at law. Letters of administration on…