Northern Pacific Railway Co. v. Abner Townsend
Supreme Court of Minnesota
Action in ejectment in the district court for Wadena county, to recover possession of two strips of land, occupied by defendants, on the original right of way of the plaintiff railway company. The case was tried before Searle, J., who found in favor of plaintiff. From a judgment entered pursuant to the findings, defend^ ants appealed.
1Opinion of the CourtCollins, J.
Ejectment brought to recover possession of two strips of land situate on either side of plaintiff’s rajlway track, where the same crosses three forties of the northwest \ of section 24, township 134, range 35.
*153It is conceded that, under the land grant act of July 2, 1864, the filing of a map of definite location in 1871, and by the construction of its railway, the Northern Pacific Railroad Company, plaintiff’s predecessor, acquired a right of way four hundred feet in width where the road ran through and over what was then public domain, which included the quarter section in question. These…
2Cases cited10 opinions
- Thomas v. Railroad Co.Supreme Court of the United States · 1880
- East Alabama Railway Co. v. Doe Ex Dem. VisscherSupreme Court of the United States · 1885
- City of St. Paul v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of Minnesota · 1891
- Dean v. GoddardSupreme Court of Minnesota · 1893
- Pittsburgh, Cincinnati, Chicago & St. Louis Railway Co. v. StickleyIndiana Supreme Court · 1900
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3Cited by14 opinions
- St. Paul, Minneapolis & Manitoba Railway Co. v. OlsonSupreme Court of Minnesota · 1902
- Murtaugh v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of Minnesota · 1907
- State v. PetersonIdaho Supreme Court · 1939
- Dulin v. Ohio River RailroadWest Virginia Supreme Court · 1913
- O'Brien v. WilsonWashington Supreme Court · 1908
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