Michigan Air Line Railway v. Hustina

The action is ejectment. Defendants claim title by adverse possession.

In 1880, Thomas Peach conveyed to plaintiff’s predecessor a right of way 100 feet wide across lot 4 in Stephen Baldwin’s addition to the city of Pontiac, 50 feet on each side of the line of the railway. About ten years later, a fence was erected some 25 feet from the center of the track. Beyond the fence the balance of the 50-foot strip was marshy, and, in practical effect, constituted part of a field. There was some indefinite testimony that at times cattle pastured on the 25-foot strip beyond the fence and that it was…