Preston v. Sabine & East Texas Railway Co.

Stayton, Chief Justice.

This action was brought by the appellant to recover the value of rariload iron alleged to have been placed on land (now owned by appellant) by the East Texas Railway Company, as early as the year 1861. The iron is alleged to have been placed on the land by that company in the ordinary construction of its road, and as a part of it.

The ground of the plaintiff’s claim is that the road was constructed over the Butler league of land, without the right to occupy the land for that purpose having in any manner been acquired; that the railway thus became a part of the land and *376pa…