Citations
- 149 Ill. 530
Full opinion text
Mr. Justice Shope
delivered the opinion of the Court:
The Indiana arid Illinois Central Railroad Company, of which it is stipulated the appellant company was the legal successor, in 1872 entered upon the tract of land in dispute and built thereon its railway, under an agreement entered into by the owners of the land in 1854. By that agreement, under the hands and seals of the owners, they agreed, for the consideration therein named, to convey to the said .Indiana and Illinois Central Railroad Company, within one year, by quitclaim deed containing a covenant of warranty as against all persons claiming under them, a strip of land one hundred feet wide, out of the quarter section upon which the strip in controversy is situated, and other tracts particularly described and owned by them, as said railroad should be located through