Shimanek v. Chicago, Milwaukee & St. Paul Railway Co.
Supreme Court of Iowa
Appeal from Jones District Court. — F. O. Ellison, Judge. Action in equity to establish in plaintiff the title to a strip of land now and for many years past occupied by defendant as a railway sidetrack or service track, extending from its main line on the Davenport division some 2,250 feet north, and to a plant once occupied by the Diamond Creamery Company. Decree for plaintiff. Defendant appeals.;—
1Opinion of the CourtSalinger, J.
I. The plaintiff alleges, and it is admitted, that he owns a tract of land in Jones County, upon and through which runs and is operated a right of way of defendant. It is undisputed that the strip used for the right of way was at one time owned by the Diamond Creamery Company, which had record title thereof, and that it conveyed the same by warranty deed to plaintiff, which deed was recorded on October 2, 1911. ' It is averred that the creamery company, while it still owned the land, gave defendant permission to lay a switch or spur from their line of railway across said strip, for the…
2Cases cited26 opinions
- Morgan v. Railroad Co.Supreme Court of the United States · 1878
- Crary v. . GoodmanNew York Court of Appeals · 1860
- Vannest v. FlemingSupreme Court of Iowa · 1890
- Barnes v. . LightNew York Court of Appeals · 1889
- Hamilton v. WrightSupreme Court of Iowa · 1870
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3Cited by3 opinions
- Long v. WilsonSupreme Court of Iowa · 1919
- Bryan & Co. v. ScurlockSupreme Court of Iowa · 1918
- Ehler v. StierSupreme Court of Iowa · 1927