Comford v. Great Northern Railway Co.
North Dakota Supreme Court
Appeal from District Court, 'Ward county; Gow, J. Action by Elizabeth Comford against the Great Northern Railway Company and others. Judgment for plaintiff, and defendants appeal. Building of road as definitely locates as the filing of a map. Jamestown & Northern Ry Co. v. Jones, 177 U. S. 126; St. Paul & Man. Ry. Co., ,v. Maloney, 24 L. D. 460; Montana Central Ry. Co., 25 L. D, 250; S. P. & M. R. Co., 26 L. D. 8-3. Use 'of lands as station grounds is evidence of location.
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Appeal from District Court, 'Ward county; Gow, J. Action by Elizabeth Comford against the Great Northern Railway Company and others. Judgment for plaintiff, and defendants appeal. Building of road as definitely locates as the filing of a map. Jamestown & Northern Ry Co. v. Jones, 177 U. S. 126; St. Paul & Man. Ry. Co., ,v. Maloney, 24 L. D. 460; Montana Central Ry. Co., 25 L. D, 250; S. P. & M. R. Co., 26 L. D. 8-3. Use 'of lands as station grounds is evidence of location. In re St. Paul, Minneapolis & Manitoba Ry. Co., 26 L. D. 83; In re Montana Central Ry. Co., 25 L. D. 250; St. P’aul,…
1Opinion of the CourtEllsworth, J.
This is an action, in statutory form, to determine adverse claims to real property. The real property involved is a strip of land 100 feet wide and about three-quarters of a mile long, adjacent to the right of way of the appellant Great Northern Railway Company, and extending diagonally from the north line of a quarter section of land now owned by respondent, described as the S. ^ of N. W. %. and N. of S. W. J4 of section 36, township 157 N., range 94 W., in Ward county, N. D., to the White Earth river, which passes within a short distance from the east line of this land. Appellant claims…
2Cases cited4 opinions
- Jamestown & Northern Railroad v. JonesSupreme Court of the United States · 1900
- Minneapolis, St. Paul & Sault Ste. Marie Railway Co. v. DoughtySupreme Court of the United States · 1908
- Jamestown & Northern Railroad v. JonesNorth Dakota Supreme Court · 1898
- Doughty v. Minneapolis, St. Paul & Sault Sainte Marie Ry. Co.North Dakota Supreme Court · 1906
3Cited by1 opinion
- Jackman v. Atchison, T. & S. F. R. Co.New Mexico Supreme Court · 1918