Coburn

The complaint alleged that plaintiff is the owner and in possession of a right of way to construct and operate a wagon road over the route described in the complaint across the .lands of defendants; also the right to maintain a sawmill upon the lands of defendants adjacent to the described right of way; also the right to cut the growing timber situate upon the lands described in the complaint, and manufacture the same into lumber, railroad ties, posts, shingles, wood and other things; that the defendants claim some interest or rights in or to the said right of way, and the other rights claimed in the complaint, adverse to plaintiff, but that said claim of defendants is without right and wrongful. Judgment is prayed that defendants be compelled to set forth their claims; that such claims and rights may be determined, and that plaintiff’s title be quieted as against defendants.

The defendants in their answer deny that plaintiff is, or ever was, the owner or in possession of the right of way described in the complaint, of the right to erect and maintain the sawmill, or of the right to take the timber and stumpage from defendants’ lands. They admit that they claim an adverse interest…