Union Pac. Ry. Co. v. Karges

W. H. MUNGER, District Judge.

The pleadings in this case present two issues of law simply: First, whether the act of Congress, granting a right of way to the Union Pacific Railway Company, granted such right of way across sections 16 and 36 that had theretofore been set apart for school purposes; and, second, whether or not respondents have acquired any right to a portion of such right of way by adverse possession.

The several provisions of the statutes applicable to a consideration of this case are hereinafter quoted. Section 16 of the congressional enactment of May 30, 1854, organizing the…