Dalton Highway Dist. of Kootenai County v. Sowder

McQUADE, Chief Justice.

During the year 1919 appellant, Dalton Highway District (then known as the Dalton Gardens Highway District), condemned land owned by the Hillyard Town-site Company for a right-of-way which terminated at the shores of Hayden Lake, Kootenai County. In the year 1920 Hill-yard Townsite Company deeded property to Atlas Tie Company, which deed described a portion of the property now claimed by the respondents, Sowders.

At approximately this time Atlas Tie Company established a railroad for logging purposes over the property presently owned by the respondents. A portion of the…