Wray v. Chicago, Burlington & Quincy Railroad

Citations

• 86 Ill. 424

Syllabus

<p>1. Limitatichst—color of title to right of way for railroad. A deed to a railway company “of the right of way ” of the railroad, with nothing to define its extent in width, where the charter does not define the extent of the right of way, is too indefinite to constitute claim and color of title under the seven years limitation law of this State for 100 feet, where actual possession was not had to that extent for seven years.</p> <p>2. So, a master’s deed on foreclosure of a mortgage, describing the premises as the road of a railway company “ west of the Illinois river, and all branches thereof which had been constructed before, etc., and which has since been constructed and built, including the right of way and the lands occupied thereby,” etc., where there was no occupancy to the extent of 100 feet for seven successive years before suit brought, is not sufficient as color of title.</p> <p>S. HfSTETrCTloir—must be based upon the evidence. It is error by an instruction to leave it to a jury to find what is a reasonable and usual width of a right of way for a railroad, where there is no evidence before them upon the subject of what is a reasonable or usual width of such right of way.</p>