Bell v. Southern Pacific R.R. Co.

As originally brought, this action was in ejectment to recover a tract of land in Santa Barbara County over which the railroad of the defendant is constructed and operated, and for damages for the alleged trespass committed in entering thereon, and for the value of the rents, issues, and profits.

Defendant answered denying the material allegations of the complaint, and set up, in justification of its entry, possession, and use, a written agreement on the part of the plaintiff to convey to it, as a right of way for its railroad, a part of the premises described in the complaint, and of which alone it alleged it was in possession. At the same time, by cross-complaint (subsequently amended), defendant sought to have this agreement to convey specifically enforced, and upon the issues made by an answer of plaintiff thereto, denying, among other things, the identity of the land occupied by defendant with that mentioned in the agreement, accompanied by allegations of false representations inducing its execution, inadequacy of consideration, unreasonableness of its terms, failure to perform conditions precedent, and a plea of the statute of limitations, the court proceeded to try this…