Samuel Freeman Miller

“ If the law was otherwise, force, the exhibition and use of deadly weapons, and threats of personal violence, would speedily take the place of lawful and peaceful methods of gaining possession of property. The law compels a defendant found guilty of a forcible entry and detainer to restore the possession. After he has restored the possession so forcibly and wrongfully acquired, he can then proceed in a lawful manner to assert his claim to the property ”

“ And, in fact, that, of all owners or claimants of real estate, large corporations, with vast bodies of employes and servants ready to execute their orders, are the last persons who should be permitted to right themselves by force. ”

“ The main objection relied upon by plaintiff in error to the recovery of the plaintiff below is that a railroad is not real estate, nor such an interest in real estate that it can be recovered by actions applicable to that class of property. It is argued that a railroad is a complex kind of incorporeal hereditament, the possession of which is not authorized to be changed by an action of forcible entry and detainer. ”