Vandalia Railroad v. Seltenright

Appellees sued appellant to recover the value of a fence constructed by them along appellant’s right of way abutting upon the same. Steps were taken by appellees, leading up to the construction of the fence by them and to the bringing of this action, under the third section of the act of July 18, 1885 (Acts 1885, p. 224, §5449 Burns 1908). The complaint is in one paragraph. A demurrer for want of facts was overruled. The answer was a general denial. The trial was by the court, without a jury, and upon the written request of appellant special findings were made and one conclusion of law stated…