Keon,  ^8  N.  Y.  266;  Embury  v,  Conner,  R.  R.  Co.,  10  Ohio  St.  372;  s.  c,  75  Am.
3  N.  \^  51 1 ;  s.  c,  53  Am.  Dec.  525 ;  Buel  Dec.  518.  The  court  saio,  •*  When  a  partv
V,  Trustees  of  Lockport,  3  N.  Y.  197.  If  •  voluntarily  allows,  for  a  stipulated  consia-
in  an  action  not  in  its  nature  referable  with-  eration,  such  use  of  his  property,  he  cannot
out  the  consent  of  the  parties,  they  should  by  agreement  secure  a  ri^ht  to  such  extra-
agree  upon  a  referee  tor  the  trial  of  the  ordinary  remedy  as  an  mj unction.  The
same,  the  court  could  not  change  the  ref-  insertion  in  the  agreement  of  a  stipulation
eree  without  their  consent.*'  that,  in  the  event  of  its  non-fulfilment,  the

1.  Botkin  V.  Livingston,  16  Kan.  39.  par^  thus  using  the  property  is  to  be  re-

2.  Baltimore,  P.  &  C.  R.  R.  Co.  v.  High-  garaed  as  using  it  wronnully  and  without
land,  48  Ind.  381.  authority,  cannot  make  the  fact  so,  in  view

8,  A  party  owning  lands  entered  into  an  of  such  a  remedy."

agreement    with    a    railway   company  by  4.  Chicago  &  S.  W.  R.  R.  Co.  v.  Swin-

which  the  company  was  permitted  to  enter  ney,  38  Iowa,  182.
on  his  lands  and  buUd  its  track.    It  was  6.  Earl  of  Damley  v,  London,  C.  &  B.
agreed  that  the  damages  should  be  assessed  Ry.  Co.,  L.  R.  2  Eng.  &  Ir.  Ap.  Cas.  43.
by  certain  persons  within  sixty  days,  and  6.  Gray  v,  Burlington  &  M.  R.  R.  Co.,

that  if  payment  was  not  made  within  a  cer-  37  Iowa,  1 19.
