Leviston v. Junction Railroad

Leviston sued the Junction Railroad Company, for damages occasioned, as alleged, by the construction of their road through his land.

A demurrer to the complaint having been overruled, the company answered, setting up a release, and denying damages.

Demurrer to the paragraph in the answer setting up the release.

We copy the instrument:

“ Know all men by these presents that I, Isaac Leviston, in consideration of- dollars to me paid by the Junction Railroad Company, the receipt whereof is hereby acknowledged, and to enable the said company to construct its railroad from College-Corner to Rushville,…