Thomas v. St. Louis, Belleville & Southern Railway Co.

Appellee filed its petition in the circuit court of St. Clair county to condemn a right of way for its railroad across lot 72 in Cahokia common fields, alleging that Samuel Leathe was the' owner in fee of the strip to be taken, that appellant Mary O. Thomas claimed some interest therein, and that it had been unable to acquire said right of way from said Mary O. Thomas and Samuel Leathe by purchase, or to agree with them as to the compensation or damages to be paid therefor. Mary O. Thomas appeared and filed the affidavit of her husband, Edward L. Thomas, that she was the owner in fee of lot…