Rodriguez v. Soler

HAMILTON., Judge,

delivered tbe following opinion:

This case has been submitted on motion for preliminary injunction.

1. The bill and affidavits tend strongly to show that plaintiff is in possession and exercise of a railroad right of way, over defendant’s property: Such a right of way is an interest in land and must be established-by formal deal. If, however, it already exists and is recognized by the parties in interest, through use or otherwise, it is a vested right, which should be protected regardless whether a deed is shown or' not. 5 Pom. Eq. Jur. § 1958; P. R. Civil Code, §§ 544, 546 and…