Schenck v. Cleveland, Cincinnati, Chicago & St. Louis Railway Co.

Plaintiff in error, Cornelia B. E. Schenck, who was likewise plaintiff below, brought an action against the defendant for occupying a *165¡strip of land, used by it for railroad purposes, from March 29, 1913, to the date of the petition in June, 1913.. The defendant below pleaded, first, the general issue; second, title in it by prescription; and third, want of jurisdiction.

The record shows that in 1866 one C. A. Brown, the then owner of the property in question, gave a mortgage to R. P. Evans, which mortgage remained unpaid until 1872. In 1871 Brown executed a quitclaim deed to a right of way…