Union Pacific Railroad v. Davenport

Citations

• 102 Kan. 513
• 170 P. 993
• 1918 Kan. LEXIS 79

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>Public Lands — Congressional Grant — Railroad Right of Way — Vested Title — Adverse Possession. The Union Pacific Railroad Company, by the grant to its predecessors in interest under the act of congress of July 1, 1862 (12 U. S. Stat. at Large, eh. 120, p. 489), and the amendatory act of July 2, 1864 (13 U. S. Stat. at Large, ch. 216, p. 356), became the owner in fee of a right of way two hundred feet from the center of the track, which right is superior to claims initiated after the act of 1864, and is not defeated by adverse possession. The grant is of the land itself and not a mere right of passage over it.</p>