Fernow v. Chicago, Milwaukee & St. Paul Railway Co.

— On the thirty-first day of October, 1860, Solomon Fernow, who was then the owner of one hundred and sixty acres of land, by his deed, duly executed and acknowledged, granted the right of way through said land for a railroad to the Dubuque, Marion & Western Railway Company. A railroad was constructed upon said right of way; and it was operated until some time in the month of November, 1878, when the track was taken up by the defendant as the successor in interest of the Dubuque, Marion & Western Railway Company, and no trains of cars were run upon said right of way until about July or…