Reichard v. Chicago, Burlington & Quincy Railroad

Since this matter came before the lower court upon a motion of defendants to dismiss the petition, which motion was sustained and judgment for costs was entered against the plaintiffs, for the purpose of this appeal all well-pleaded material allegations of fact are to be taken as true. Any argument on propositions based on factual matters not alleged has not been considered.

The rights of all parties are founded upon a warranty deed duly executed on May 10, 1876, by B. Baker and wife, S. R. Baker, for a recited consideration of one dollar, delivered to the grantee therein, the Chicago, Rock…