Dyke v. Arizona Eastern Railroad
Arizona Supreme Court
APPEAL from a judgment of the Superior Court of the County of Gila. G. W. Shnte, Judge.
1DissentCunningham, J.
(Dissenting). — The issues of fact raised upon the answer are: Whether the railroad company at any time used and enjoyed its said right of way to the extent of 100 feet on each side of the center of its railroad tracks, including the 2.23 acres in controversy; and whether the land was public in character at the time the railroad company constructed its road; and whether the railroad acquired *231a right of preference over appellants under the grant by the construction of its road.
Defendants set forth their title based upon the homestead settlement and filing by Cleve "W. Van Dyke made on December…
2Cases cited14 opinions
- Shepley v. CowanSupreme Court of the United States · 1876
- Jamestown & Northern Railroad v. JonesSupreme Court of the United States · 1900
- Hall v. RussellSupreme Court of the United States · 1880
- Stalker v. Oregon Short Line RailroadSupreme Court of the United States · 1912
- Red River & Lake of the Woods Railroad v. StureSupreme Court of Minnesota · 1884
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