Koerper v. St. Paul & Northern Pacific Railway Co.

Plaintiffs brought this action to recover possession of certain real property, and damages for withholding the same. The wrongful possession and withholding alleged consisted of defendant’s constructing and operating its road across the premises. The defendant answered, justifying its occupancy by alleging title and right of possession in itself by virtue of certain condemnation proceedings, had when the premises were vacant and unoccupied, against one Mills, in whom as alleged the title appeared of record, and to whom it paid the award of the commissioners. The answer then admits that…