Oregon Short Line Railroad v. Quigley

Citations

• 10 Idaho 770
• 80 P. 401
• 1905 Ida. LEXIS 20

Syllabus

<p>Eaileoad Right op Way — Act op Congress Granting Same — When Geant Vests — Public Lands — Op What Consist — Power op Congress Over Same is Absolute — Estoppel by Deed not Applicable to Grantee — Adverse Possession and Statute op Limitations — -When Plea not Available.</p> <p>1. The power of Congress over the public lands is plenary so long as title thereto remains in the government, and no right of property therein has vested in another.</p> <p>2. No right of property, as against the government, vests in a settler on public lands until he has complied with all the prerequisites for acquiring title and paid the purchase money.</p> <p>3. Act of Congress of March 3, 1873, granting a right of way to the Utah and Northern Railway Company, and requiring, the filing of a map of definite location with the Secretary of the Interior, is substantially complied with, so far as settlers are concerned, by the actual construction and operation of the road.</p> <p>4. Id. — The grant for right of way became definitely fixed by the actual construction of the road as effectually as it could have been by the filing of a map of location.</p> <p>5. The grant by Congress of a right of way one hundred feet wide on each side of the central line of the track was a conclusive determination of the reasonable and necessary quantity of land! to be dedicated to such use, and carried with it the right of pp.s-. session to the whole of such grant.</p> <p>6. As a general rule of law, the grantee named in a deed of conveyance is not estopped to deny the title of his grantor.</p> <p>7. Id. — The estoppel exists only where there is an obligation to restore the possession in some event or upon some contingency.</p> <p>8. The grant by Congress of a right of way is not an absolute fee for all purposes, but is in the nature of a conditional grant and limited to use and occupation for railway purposes. The franchise and right of way are inseparably attached to each other.</p> <p>9. Id. — The company coul