Illinois Central Railroad v. Indiana & Illinois Central Railway Co.

Trior to the year 1856, appellant was the owner of section 34, township 16 north, range 8 east of the 3d principal meridian, then in Coles, but now in Douglas county, in this State. Some time during that year, E. S. Terry, W. T. Mulhollen and T. S. Cornelius contracted with the company for the purchase of one hundred and sixty acres of this land, on which to lay off and locate the town of Tuscola. When this contract was entered into, appellant had its road constructed, and was operating it through the tract thus contracted to be sold, north and south. Appellee’s road had also been surveyed…