New York, Chicago & St. Louis Railroad v. Hammond

— The following material facts in this cause are alleged in the complaint. In the year 1881 The New York, Chicago and St. Louis Railway Company condemned and appropriated, by process of law, certain described land in Porter county, belonging to George H. Hammond and Marcus Towle, for the right of way for its road bed, side tracks and water tanks. "Without the payment of the awards for damages it took possession of the land so condemned and appropriated and constructed its road over the same.

Towle assigned and transferred his interest in the awards to Hammond, who in like manner transferred…