Midland Railway Co. v. Fisher

— In May, 1873, the then owners of the land described in the appellee’s complaint conveyed to the Anderson, Lebanon and St. Louis Railway Company a right of way. In consideration of the grant of the right of way the company, by an agreement incorporated in the deed, promised to construct a board fence, five boards in height, on each side of the railroad as soon as it should be completed. The deed conveying the right of way was signed by the grantors, but not by the grantee. The railroad was completed in 1876, and the action was brought in 1886. In 1875 the company mortgaged all of its…