Page:North Dakota Reports (vol. 48).pdf/136

 GREAT NORTHERN RAILWAY COMPANY, a corporation, Appellant, v. VIVIAN H. STEINKE, PAUL E. STEINKE, SPRING BROOK STATE BANK, a_ corporation. HENRY GRAICHEN, CHRISTIE GRAICHEN, EMMA L. SCHARTLE, VERLIE SCHARTLE, EVERETT A. WEBSTER, MARTHA WEBSTER, WALTER T. WEBSTER, ADDIE M. WEBSTER, ELI KINGSTON, EDNA KINGSTON, ELIZABETH COMFORD, SPRING BROOK TRADING COMPANY, a corporation, J. L. KINGSTON, DANIEL JACOBSON, FRANK M. CRAIG, NANCY CRAIG, CHARLIE F. BELLET, ALICE BELLET, ALVA ULRICH, and HATTIE ULRICH, Defendants, and VIVIAN H. STEINKE, PAUL E. STEINKE, SPRING BROOK STATE BANK, a corporation, HENRY GRAICHEN, CHRISTIE GRAICHEN, EMMA L. SCHARTLE, VERLIE L. SCHARTLE, EVERETT A. WEBSTER, MARTHA WEBSTER, WALTER T. WEBSTER, ADDIE M. WEBSTER, ELI KINGSTON, EDNA KINGSTON, SPRING BROOK TRADING COMPANY, a corporation, DANIEL JACOBSON and FRANK M. CRAIG, Respondents.

Public lands—railroad held not to have complied with statute so as to acquire title as against holder of patent.

The plaintiff railway company brought action to determine adverse claims to a strip of land which it claims to have selected and appropriated as station grounds under the provisions of Act Cong. March 3, 1875, c. 152, 18 Stat. 482 (U. S. Comp. St. §§ 4921-4926.) The defendants occupied and claimed title to certain portions of said strip under and by virtue of deeds received through one Pollock, who had obtained a patent from the United States, which, among other lands, purported to convey to said Pollock the whole strip claimed by the railway company in this action. It is held that the defendants are the owners of the respective parcels to which they assert title.