Conger v. B. & S. W. R.
Supreme Court of Iowa
Appeal from Appanoose District Court. This is an action for the possession of a strip of land one hundred feet wide, lying upon each side of the center line of the track of the Burlington & Southwestern Railway, through the 'north half of section thirty-one, township sixty-eight north, range seventeen, in Appanoose county. The petition alleges that plaintiff is the owner of said land, and that defendants wrongfully keep him out of possession.
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Appeal from Appanoose District Court. This is an action for the possession of a strip of land one hundred feet wide, lying upon each side of the center line of the track of the Burlington & Southwestern Railway, through the 'north half of section thirty-one, township sixty-eight north, range seventeen, in Appanoose county. The petition alleges that plaintiff is the owner of said land, and that defendants wrongfully keep him out of possession. The answer of the Burlington & Southwestern Railway Company admits plaintiff’s ownership of the land, but denies that he is entitled to the immediate…
1Opinion of the Court
Day, J. —
I. In Richards v. The Des Moines Valley Railroad Gompaivy, 18 Iowa, 259, it was held that a railway company which neglects and refuses to pay the compensation adjudged to be due the owner of lands for the right of way over them, maj’- be restrained by injunction from using such way. In Daniels v. The Chicago & Northwestern Railway Company, 35 Iowa, 329, we held that an owner of real estate may maintain an action of ejectment against- a railroad company which has taken the right of way over his land without payment or tender of compensation. Tacitly conceding the correctness of these…
2Cases cited3 opinions
- City of Maquoketa v. WilleySupreme Court of Iowa · 1872
- Richards v. Des Moines Valley RailroadSupreme Court of Iowa · 1865
- Hibbs v. C. & S. W. R.Supreme Court of Iowa · 1874
3Cited by16 opinions
- Charleston & Western Carolina Railway Co. v. HughesSupreme Court of Georgia · 1898
- Lake Erie & Western Railway Co. v. KinseyIndiana Supreme Court · 1882
- St. Louis S. F. R. Co. v. MannSupreme Court of Oklahoma · 1920
- Jacksonville, Tampa & Key West Railway Co. v. AdamsSupreme Court of Florida · 1891
- Varner v. St. L. & C. R. R.Supreme Court of Iowa · 1881
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