Louisville, New Albany & Chicago Railway Co. v. Sumner

On the 14th day of November, 1881, Sumner and wife conveyed to the railway company a strip of ground sixty-six feet in width, for a right of way over two adjoining tracts of land which the former owned.

The deed contained a recital that it was made upon the consideration that $200 was paid, and upon the further con-, sideration that the grantee covenanted “ to make a stock-pass under said road, and a farm crossing over it, and to fence said strip, and, further, to locate and maintain a depot at the line between the above tracts.”

On the 17th day of January, 1885, Sumner brought this suit to…