Northern Pacific Railway Co. v. McDonald

Citations

• 91 Wash. 113
• 157 P. 222
• 1916 Wash. LEXIS 1012

Syllabus

<p>Public Lands — Grant to Railroad — Right of Way — Nature— Relation. Act of Congress of July 2, 1864, granting a right of way to the Northern Pacific Railroad Company over public lands is a grant in praesenti, taking effect by relation as of that date, upon definite location of the line, as against settlers acquiring public lands after the grant and before the location of the line.</p> <p>Adverse Possession — Railroad Right of Way — Permissive Use. The mere occupation of a portion of a railroad right of way by the owner of the servient estate does not create title by adverse possession, since it is not inconsistent with the easement and will be construed as permissive.</p>