Illinois Central Railroad v. Wakefield

This is an action of ejectment begun by appellee, against appellant, in the court below, to recover a strip of land 50 feet wide and 50 rods long, lying parallel to and abutting upon the right of way of the appellant railroad company. To the declaration the defendant pleaded the general issue. By agreement of parties a jury was waived and the case tried before the court. From a judgment in favor of plaintiff this appeal is prosecuted.

The evidence taken upon the hearing shows that the land in controversy is a part of a section donated to appellant by the State of Illinois, under the act of the…