Waters v. Baker

Duckworth, Justice.

The point of controversy here involved is the use of that portion of lots 4 and 5 in the town of Danville on which is constructed the spur-track from the main line of the railroad company to the place of business of the plaintiff lumber company. The fact that title to these lots was held by Johnston in 1920, when the track was constructed, and was acquired by the defendant Waters by deed from Johnston in 1928 is proved without dispute. These facts, in the absence of other evidence, would establish the unquestioned right of possession and use in Waters. As against these…