Byrd v. McLucas

Jenkins, Justice.

Goodman, claiming title to a former railroad right of way, containing about five acres being 200 feet wide, and running through a tract of land belonging to. Byrd, filed a petition to the processioners of his militia district, attaching a copy of his deed; and asked that the boundaries of his right of way premises be marked anew. Byrd brought a petition for a writ of prohibition against the processioners, alleging: (1) that the boundaries to the right of way had never been marked, and no post had been set up to indicate the same, and therefore that the lines could not be…