Danielson v. Woestemeyer

The opinion of the court was delivered by

Hutchison, J.:

This is an action in ejectment in which the plaintiffs, as abutting landowners on the north side of an abandoned railroad right of way, seek to recover from the defendants now in possession of a tract of land lying south of their land 150 feet in width which was part of the 200-foot tract formerly used as right of way by the railway company. A general denial was filed by defendants. A stipulation was filed covering all the facts. Judgment was rendered in favor of the defendants, and plaintiffs appeal.

The real controversy arises concerning…