McLucas v. St. Joseph & Grand Island Railway Co.
Nebraska Supreme Court
ERROR from the district court for Jefferson county. Action in ejectment brought to recover possession of a strip of land TOO feet wide, included between a line 150 feet from the central line of the railroad track and a line fifty feet from such central line, the right of way being 300 feet in width. Plea of prescription by adverse possession.
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ERROR from the district court for Jefferson county. Action in ejectment brought to recover possession of a strip of land TOO feet wide, included between a line 150 feet from the central line of the railroad track and a line fifty feet from such central line, the right of way being 300 feet in width. Plea of prescription by adverse possession. The cause was submitted on an agreed statement of facts, in which it was stipulated that the defendants had had the actual, notorious, exclusive and uninterrupted possession of the premises in controversy for fifteen years. Tried beloAV before Stttu,, J.…
1Opinion of the Court
Kirkpatrick, O.
This is an action in ejectment brought in tbe district court for Jefferson county by tbe St. Joseph & Grand Island Railway Company, defendant in error, against Weems H. McLucas and John C. McLucas, plaintiffs in error, to recover possession of a strip of land extending along the track of tbe railroad in the city of Fairbury; being 150 feet wide from tbe centre of tbe track. Tbe land was in possession of plaintiffs in error. Tbe petition alleged that defendant in error was a duly incorporated railway company, operating its line of road through Jefferson county as a common…
2Cases cited13 opinions
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- Woodruff v. . PaddockNew York Court of Appeals · 1892
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- Union Pacific Railway Co. v. KindredSupreme Court of Kansas · 1890
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