Denver & Rio Grande Railroad v. Doelz

Plaintiff brought this action in 1904 to recover the' possession of certain land on which a portion of the defendant company’s roadbed and track was *49constructed, and which, formed thé necessary right of way for the operation of defendant’s line of railway. In 1887, one Fry, who claimed the land as a part of a mining placer, executed and delivered to defendant a deed for the right of way for an expressed consideration of $400.00. The defendant, in good faith, entered upon the land, constructed the roadbed and track, and ever since as early as 1888 has been running its trains thereon in the…