Combs v. Smith

Martin, C.

The plaintiff brought a suit on the 16th day of May, 1877, against the defendant as receiver of the Burlington & Southwestern Railway Company. The character of the action is somewhat peculiar. It is alleged in the petition that the North Missouri Central Railroad Company in 1868 located a portion of their line over and across the lands of the plaintiff, consisting of fifty-five acres off'the east side of the northwest quarter, and the northeast quarter of the southeast quarter, all in section 7, township 58, range 20; that-the company, without condemnation or leave, commenced and…