Kirby v. Wabash, St. Louis & Pacific Railway Co.

This was ejectment, by appellant, against appellee, for a strip of ground occupied by the latter as right of way for its railroad. The general issue was pleaded, and by agreement of parties the cause was tried by the court without the intervention of a jury, and judgment was rendered for appellee.

Appellant’s title to the strip in controversy, originally, is conceded, and the only question is, whether he bound himself, by a bond read in evidence, to convey it for railroad right of way. The bond read in evidence is as follows:

“For and in consideration of the benefits and advantages that will…