Marks v. Atchison, Topeka & Santa Fe Railway Co.

The opinion of the court was delivered by

Burci-i, J.:

The action was one to enjoin the railway company from using a strip of land twenty feet wide constituting the north half of a Y^acated highway, which before it was vacated adjoined land of the company purchased for railroad purposes. The court found that Yvhen the highway was vacated title to the strip vested in the company, but that title had been lost by adverse possession. *203Judgment was rendered accordingly. The railway company appeals on the ground the last finding was erroneous, and plaintiff cross-appeals on the ground the first…