Barlow v. Chicago, Rock Island & Pacific R. R.
Supreme Court of Iowa
Appeal from General Term, Fifth District {Polk County) Wednesday, July 27. Proceedings by plaintiff to recover for right of way through a quarter section of land, over which the defendant had constructed its road. Defendant by answer set up a grant of the right of way to its grantor by a former owner of the land. Demurrer to answer was sustained by the district court; but on appeal to general term it was overruled, and plaintiff now appeals to this court.
1Opinion of the Court
Cole, Ch. J.
*278i. conveyance : rSroadfr^M of way. *277The defendant sets up ownership of the right of way under the following conveyance : “Know all *278men by these presents, that we, Lewis Barlow and Ruth, his wife, of Polk county, Iowa, for the consideration of one dollar to them in hand paid by the Mississippi and Missouri Railroad Company, a corporation organized under the laws of the state of Iowa, the receipt whereof is hereby acknowledged, do hereby grant and convey unto the said railroad company the following piece or tract of land in Polk county, in the state of Iowa, and particularly…
2Cited by39 opinions
- Uhl v. Ohio River RailroadWest Virginia Supreme Court · 1902
- Davies v. HuebnerSupreme Court of Iowa · 1877
- Messer v. OestreichWisconsin Supreme Court · 1881
- Tamalpais Land & Water Co. v. Northwestern Pacific RailroadCalifornia Court of Appeal · 1946
- Biles v. Tacoma, Olympia & Gray's Harbor RailroadWashington Supreme Court · 1893
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