McClain v. Chicago, Rock Island & Pacific Railway Co.
Supreme Court of Iowa
Appeal from Polk District Court. — Hon. Chaeles A. Bishop, Judge. Action to recover possession of a certain strip of land heretofore conveyed, as per deed set out, as a right of way, to the defendant’s grantor by the plaintiff and another, then owners of the tract out of which said strip was taken.
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Appeal from Polk District Court. — Hon. Chaeles A. Bishop, Judge. Action to recover possession of a certain strip of land heretofore conveyed, as per deed set out, as a right of way, to the defendant’s grantor by the plaintiff and another, then owners of the tract out of which said strip was taken. The plaintiff, now the owner of said tract, alleges, as ground for recovery, that the defendant and its said grantor “have long since ceased permanently to use the track laid upon said right of way, or to use said right of way in any manner for railway purposes, and said track and right of way have…
1Opinion of the CourtGtven, J.
I. The defendant demurred, on the ground that the petition did not show an abandonment for the period of eight years, as provided. by section 1260 of the Code. The sáme question was raised by motion for verdict, and on the instructions, and is the controlling question presented on this appeal. Said section provides “that if said roadbed or right of way, or any part thereof, shall not be used or operated for a period of eight years, * * * the land and title thereto shall revert to the owner of the section, subdivision, tract, or lot from which it was taken.” In the absence of statute, mere…
2Cases cited2 opinions
- Barlow v. Chicago, Rock Island & Pacific R. R.Supreme Court of Iowa · 1870
- Fernow v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of Iowa · 1888
3Cited by9 opinions
- Gurdon & Fort Smith Railroad v. VaughtSupreme Court of Arkansas · 1911
- L. & G. Realty & Construction Co. v. City of IndianapolisIndiana Court of Appeals · 1957
- Atkin v. WestfallSupreme Court of Iowa · 1955
- Northern Pacific Railway Co. v. Tacoma Junk Co.Washington Supreme Court · 1926
- Zobrist v. CulpCourt of Appeals of Washington · 1977
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