Weekly independent. [volume] (Elko, Nev.) 1887-1914, 1912-05-17

company could not give little to its
right of way. but shows how the
title was cured by an Act of Con.
gress. Mr.. Chief Justice Fuller
delivered the opinion. but MIR
Justice Harlan dissented saving he
thought the decisions of the two
Washington courts should be
affirmed.
IhIs was a suit Trough. Js the
Northern Pacific Railway Co.
successor to the Northern Pacific
Railroad Co, in the superior court
OF the County of Spokane, State of
Washington, against large
number Of persons, to quiet title,
remove clouds, and recover posses
sion of certain parcels of real
estate, alleged to be portions of
its right of way in that county.
The complaint alleged that
plaintiff was owner and entitled
to a strip Of land, 400 feet wide,
on which defendants had wrong
fully entered. Some Of the de.
PENDANTS were defauItcd Separate
answers were interposed by other.
separate trials had, separate vcr-
diets rendered. and bill of cxcep.
tons granted. AS To one defend.
att, the case was submitted 10 the
court for trial and findings &C. fact
and conclusions Of law were made
and filed.
y single decree was rendered in
favor of contesting defendants
from which the railroad company
appealed to the supreme court Of
the state where the decree was
affirmed.
The facts on wrich the state
supreme court proceeded are thus
stated:
1t may be conceded, we think.
that the right of way which en-
braces the land in dispute was
grarted to the NOthcrn Pacific X.
K. Co. by Act of Congress in 1864
and that. to the title to the right
of way thus granted to the n. ?.
r. K. Co., the n. =. Ry. Co. has
succeeded. 1t may also be
conceded, for the purpose Of this
case. that the n. =. Ry. CO. has
complied with all the terms and
provisions Of the Act Cf Congress
afor' sid. and has constructed its
railroad through the whole of the
inc of road between the points
named in the granting act; that
n map of definite location was filed
October 4, 1880, prior to the
acquiring of the title TO the land in
q Iestion by the defendants, or
their predecessors or grantors;
and that said railroad had been
continuously operated since its
construction. The defendants,
answering, claim title by patent
from the United States govern
mcnt. The land was acquired
under the pre.emption and home
stead acts. respectively, and all
the defendants or their grantors
have been in quiet, pcace' bic,
undisturbcd. and undisputed
osscssion of said land fore more
than ten years Immediately prior
TO the commencement of this
action, many Of them for nearly
twenty years. Valuable improve
ments have been made by the
defendants, the said land consisting
of town lots in the city OF Spokane.
and having been plated and laid
out as additions to the city of
Spokane by the defendants or their
grantors after acquiring title to
the same from the United, States
government. During all these
years no claim whatever TO these
lands has lCCn made by the
appellant. II has stood 10y and
seen improvements made thereon
and. in the case of defendant
Brown, an agreement was entered
into between him and General
Sprague, who was then the general
superintendent of the N. p. X. K.
Co., that they would plat their
lots so that the streets of the addi.
| tion which the railroad company
was dedicating to the city of
| Snokane, and the agreement was
carried out by arranging the
I