Newberg v. Chicago, Burlington & Quincy Railroad

This is an action in equity arising out of the following *172transaction: At the time of' his death, Dr. Bartlett L. Paine was the owner of lot 3, block 104, Lincoln, Nebraska. In his lifetime he granted the Chicago, Burlington & Quincy Railroad Company the right to extend a switch track, known as “Tyler Stub,” over and across this lot. The railroad company thereupon constructed this extension and occupied a portion of this lot with their tracks. It appears that no public record was made of this transaction by Dr. Paine. When Dr. Paine died, he left a will, by the-terms of which the defendant,…