Louisville & N. R. v. Smith

STEWART, Justice.

In its amended and substituted petition appellant, plaintiff below, alleged, in substance, that it is the owner of the fee simple title to and in actual possession of two certain tracts of land in Whitley County, each of which was fully described and one of which was designated as “Tract No. 1” and the other as “Tract No. 2”; that both tracts were acquired by purchase for a valuable consideration by the Pine Mountain Railroad Company from Elijah Smith and his wife, Rhoda Smith, the father and mother of appellee, by deed dated July 18, 1907, which was duly recorded on July 26,…