Southern Railway Co. v. Day

The opinion of the Court was delivered by

Mr. Justice StabeEr.

This action was brought by the plaintiff for removal of a building from premises alleged to be a part of its right of way and for an injunction to prevent further encroachments thereon.

The complaint sets out two causes of action growing out of the alleged encroachments; one of these being based upon its rights under its charter of 1845, and the other upon a deed from B. F. Perry and others, dated September 12, 1845, which was never recorded.

The defendant, answering, alleged: (1) That he and his predecessors, for more than 70 years…