Smith v. Hall
Supreme Court of Iowa
Appeal from Chickasaw District Court. — Hon. L. E. Fellows, Judge. Action to quiet title to an abandoned right of way. The answer alleged that Margaret Smith was the owner of the southeast quarter of the northwest quarter of section 17 in township 94 north, of range 14 west, of fifth P. M., in 1871, and conyeyed the right of way, one hundred feet wide, diagonally through- said land, to the Milwaukee & Nashua Railroad Company.
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Appeal from Chickasaw District Court. — Hon. L. E. Fellows, Judge. Action to quiet title to an abandoned right of way. The answer alleged that Margaret Smith was the owner of the southeast quarter of the northwest quarter of section 17 in township 94 north, of range 14 west, of fifth P. M., in 1871, and conyeyed the right of way, one hundred feet wide, diagonally through- said land, to the Milwaukee & Nashua Railroad Company. Afterwards she sold that east of the east line of the right of way, and the Nashua Driving Park Association became the owner thereof. She conveyed that west of the west…
1Opinion of the Court
Ladd, J.;1
f2
*973 *96When the right of way' of a railroad ^company is lost by non-u-ser, to whom do-es it revert,— .to- the original owner thereof, or to- the then owner of the remaining portion of the tract of land from which it was taken? The determination of this question involves the construction of section 1260 of the Code -of 1878, as follows: “Provided, however, that if said roadbed or right of way, or any part thereof, shall not be used or operated for a period of eight years, or in any case where the construction of a railway has been commenced by any corporation or person, and work on same…
2Cases cited5 opinions
- Brown v. YoungSupreme Court of Iowa · 1886
- Hollingsworth v. Des Moines & St. Louis R'y Co.Supreme Court of Iowa · 1884
- Noll v. Dubuque B. & M. R. R.Supreme Court of Iowa · 1871
- Clayton v. Chicago, Iowa & Dakota R'y Co.Supreme Court of Iowa · 1885
- C. I. R. v. M. & A. R.Supreme Court of Iowa · 1881
3Cited by27 opinions
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- Bennett v. City of MarionSupreme Court of Iowa · 1898
- Union Pacific Railroad v. Santa Fe Pacific Pipelines, Inc.California Court of Appeal · 2014
- MacDonald v. United StatesCourt of Appeals for the Ninth Circuit · 1941
- Waddell v. Board of DirectorsSupreme Court of Iowa · 1919
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