Cincinnati, Hamilton & Indianapolis Railroad v. Clifford

The appellee in his complaint asserts a right to the possession of one hundred and twenty acres of land, and avers that the appellant has possession of it without *462right. The complaint seeks possession of the land, and not compensation, except in so far as damages are an incident of the right of possession. The action must, therefore, be treated as purely a possessory one, and on that theory we must examine and decide all the questions presented by the record.

The second paragraph of the answer of the appellant alleges that, on the 11th day of February, 1848, the General Assembly passed an act…