Washington & Idaho Railroad v. Osborne

Citations

• 2 Idaho 557
• 21 P. 421
• 1889 Ida. LEXIS 12

Syllabus

<p>Possessory Claim to Public Lands. — Where a party purchases the right of possession of persons, who had located and settled upon agricultural land belonging to the United States, and thereafter resided constantly upon the same, and was qualified in law to initiate proceedings to obtain title thereto, held, that the party is the owner of the land against all persons except the United States.</p> <p>Right op Wat — Compensation.—The plaintiff railroad corporation has no right of way over defendant’s land, and cannot enter upon it and take it from the possession of defendant without due compensation.</p> <p>(Syllabus by the court.)</p>