Union Pacific Railroad v. Theden

*290The opinion of the court was delivered by

Mason, J.:

The Union Pacific Railroad Company brought ejectment against Herman Theden and Anna Theden for tracts of ground which formed outside portions of the four-hundred-foot strip granted by congress as a right of way to a railway corporation of which the plaintiff is the successor in interest. Neither the grant nor the plaintiff’s successorship is disputed, but the defendants rely upon facts which they claim.show that the railroad’s title and right of possession to the tract in controversy have been lost by abandonment and estoppel. A demurrer to…