Jenkins v. Burlington & Missouri River R. R.

Cole, Ch. J.

Plaintiff was the owner of one hundred and sixty acres of land, through which defendant wished to construct its road. In April, 1863, the plaintiff, for the consideration of one dollar,' conveyed to defendant a right of way for its road through his land on the line then actually surveyed and staked through it. This con*256veyance was without any conditions. Afterward, defendant found it expedient to change its line, making it run more directly through plaintiff’s land and a short distance south of the first line. Thereupon plaintiff executed another deed to defendant for a right of…