Tuttle v. Chicago, St. Paul, Minneapolis & Omaha Railway Co.

START, C. J.2

The subject-matter of these actions is a strip of land 100 feet in width over and along the S. W. \ of section 8, in township 102, R. 39, in Nobles county, which for many years has been in the possession of the defendant, and used by it as a part of its right of way.

The plaintiff Amos E. Tuttle claims to own and be entitled to the possession of so much of such right of way as is upon the west half of such quarter section. He holds the patent title to such west half, which had its inception in a homestead entry made on November 17, 1871. A previous declaratory statement had been…