Salt Lake, Garfield & Western Railway Co. v. Allied Materials Co.

WORTHEN, justice.

Appeal from a decree entered in plaintiff’s favor in a quiet title action. The facts are not in dispute.

Plaintiff operates a railroad extending west from Salt Lake City.

In 1897 plaintiff’s predecessor, The Sal-tair Railway Company, instituted condemnation proceedings to increase the width of its right of way by 33]4 feet for a length of 899.25 feet. By a decree dated December 6, 1897, the district court in and for Salt Lake County condemned this land and awarded it to the railroad. The decree was not recorded in the office of the County Recorder, as required by law,1 until…