Union Pacific Railway Co. v. McAlpine

Citations

• 129 U.S. 305
• 9 S. Ct. 286
• 32 L. Ed. 673
• 1889 U.S. LEXIS 1690

Syllabus

<p>Iu October, 1874, Mrs'. M. owned a tract of land consisting of four acres on Kansas River in the town of Wyandotte, Kansas, callecl Kerry tract, and the Kansas Pacific Railway Company owned a tract of 25J acres lying north of Wyandotte. In that year negotiations were opened between her and the company for an exchange of 2^ acres of the Kerry tract, valued at $2000, for the 25]~acre tract, valued at $1500, Mrs. M. offering to take for the difference-in value a quarter section of land estimated at $3 an acre. Negotiations for the exchange were had between Mrs. M. and officers of that company. On Kebruary.26,1878, the president of the company informed its general superintendent, in substance, that the ex-change would be made, and directed him to proceed with the matter. The superintendent turned the matter over to' the attorney of the company, who acquainted Mrs. M. with the conclusion. She, considering the. proposition for an exchange of lands accepted, took possession of the 2o\\- acre tract with her husband, and made valuable improvements upon it, and has remained in possession ever since. The railway company, who had previqúsly been permitted to lay a track across the land for temporary use, tp'ok possession of the 2,^% acres and made improvements thereon. In June, 1S78, at a meeting of the directors of the company, the president presented a form of deed to Mrs. M. of 25’r acres in ex- ' change for the 2^ acres at the landing, and asked for instructions. It was then resolved that an exchange of said lands be made and the deed executed to Mrs. M. whenever the land to be conveyed by her was.released from a tax claim thereon. A deed from, her and her husband of the 2[%°li. acres, had previously been executed to the company and sent to its officers. After this resolution of the board, proceedings were taken by her for the release of the tax claim mentioned In it, which was accomplished, under the advice of the attorney of the. company, by purchasing m the property u