Northern Pacific Railway Co. v. Hasse

The opinion of the court was delivered by

Reavis, C. J.

— Action in ejectment by the Northern Pacific Railway Company, plaintiff, against Hasse and wife, defendants. The complaint is in the ordinary form, and alleges the grant of a right of way of 400 feet, under the act of congress of July 2, 1864 (13 St. at Large 365) ; that the defendants are in possession of portions of such right of way on each side of the constructed railway line, which have not been used by the company heretofore for its right of way, and that such possession is wrongful. 'The answer alleged title in the defendants by…