To compel respondent to cause to be appraised and paid the damages of the relator, on account of constructing, using and occupying its road upon and across relator’s land.

Denied 1855.

The lands were taken and appropriated for the use of the Michigan Southern R. R. Co. in the year 183.8, and in 1846 all' the right, title and interest of the State in the railroad was transferred to the Michigan Southern R. R. Co.