Leavenworth, Topeka & Southwestern Railway Co. v. Stone

Per Curiam :

This was an action brought by J. C. Stone, jr., against the Leavenworth, Topeka & Southwestern Railway Company and others to declare a forfeiture of the railway company’s right of way over plaintiff’s land, and to quiet his title and possession to the strip embraced in such right of way. The railway company is a Kansas corporation. No summons was issued against and served upon it, but in lieu thereof an affidavit was filed in the following words :

“ J. C. Stone, jr., being first duly sworn on his oath, states that he is the plaintiff in the above-entitled cause; that the…