Lewis v. Rio Grande Western Railway Co.
Utah Supreme Court
Appeal from the fourth district court, Utah county, Hon. Warren N. Dusenberry, Judge. Action by John S. Lewis against the Rio Grande Western Railway Company, in ejectment, for a strip of land used by defendant company as a right of way. Judgment for plaintiff for the recovery of the land, and a certain sum for mesne profits. Defendant appeals.
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Appeal from the fourth district court, Utah county, Hon. Warren N. Dusenberry, Judge. Action by John S. Lewis against the Rio Grande Western Railway Company, in ejectment, for a strip of land used by defendant company as a right of way. Judgment for plaintiff for the recovery of the land, and a certain sum for mesne profits. Defendant appeals. The construction of a railroad is one act, though covering a period of time, providing the work is prosecuted in good faith and with reasonable diligence. On March 20, 1879, the legal title to the easement vésted, and from that time the grant was…
1Opinion of the Court 1
By the Court:
The plaintiff brought this suit in ejectment for a strip of land used by' the defendant railway company as a right of way for the purposes of its railroad, and at the trial obtained judgment for the recovery of the land, and a certain sum for mesne profits.
*507The agreed. and admitted facts are, in substance, as follows: The strip of land in question forms a part of the E.| of the S. W. and the W. of the S. E -j- of sec.. 2, T. 10, S. of R. 5 East, Salt Lake Meridian. These government subdivisions constituted the respondent’s preemption or homestead claim, being the same lands for…
Also in this document: Opinion of the Court · Bartch.
2Cases cited6 opinions
- Quinby v. ConlanSupreme Court of the United States · 1882
- Railway Co. v. AllingSupreme Court of the United States · 1879
- Flint & Pere Marquette Railway Co. v. GordonMichigan Supreme Court · 1879
- Sproat v. DurlandSupreme Court of Oklahoma · 1894
- Kinion v. Kansas City, Ft. Scott & Memphis RailroadSupreme Court of Missouri · 1893
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3Cited by6 opinions
- Seaboard Air Line Railway Co. v. Board of Bond Trustees of Special Road & Bridge District No. 1Supreme Court of Florida · 1926
- Peck v. HowardCalifornia Court of Appeal · 1946
- Richardson v. Midwest Refining Co.Wyoming Supreme Court · 1928
- Billups v. ColmerOregon Supreme Court · 1926
- Southern Pac. Co. v. City of RenoDistrict Court, D. Nevada · 1919
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