Baltimore & Ohio & Chicago Railroad v. Eggers

This is a proceeding under section 396, of the R. S. 1881, to set aside an order of dismissal of a cause pending in the Lake Circuit Court, wherein appellant was plaintiff and appellee was defendant.

It appears from the complaint herein that the appellant purchased a parcel of land in Lake county, Indiana, for right of way in June, 1881, and when it undertook to take possession of the said land and construct a fence along a line thereof, the appellee interfered and prevented it and claimed ownership of the land; that on the 8th day of August, 1888, appellant commenced an action in said court…