Childs v. Sharai

Citations

• 8 Idaho 378
• 69 P. 111
• 1902 Ida. LEXIS 24

Syllabus

<p>Eight op Way pob Ditch — Settles on Public Land. — Where a citizen settles upon a part of the unsurveyed public land of the United States, and has peaceable possession thereof, and constructs a ditch across the same, he secures the right of way therefor, although such land, when surveyed, is found to be within the grant to the Northern Pacific Eailroad Company.</p> <p>Title to Eight op Way. — The purchaser of land from a railway company does not thereby acquire title to a ditch which was constructed prior to the survey of such land.</p> <p>(Syllabus by the court.)</p>