Northern Pacific Railroad v. Lilly

Wade, O. J.

This is an action in the nature of ejectment, brought by the plaintiff and appellant to recover the possession of certain lands from the defendant and respondent. A general demurrer to the complaint, for that it did not state a cause of action, was sustained, and the plaintiff abiding its complaint, judgment was rendered accordingly for the defendant.

From the complaint it appears that in the year 1861 the government, by act of congress, granted certain of the public lands to the plaintiff in aid of the construction of a railroad from Lake Superior to Puget’s Sound; that the general…