140 Iowa 372 | Iowa | 1908
— The plat of Langworthy was filed January 25, 1858, by Wm. T. Shaw, and exhibits a right of way and depot ground, extending diagonally from the northeast to the southwest. On the space left for a depot is written “Dubuque Western Railroad Depot Ground.” At each end of this ground the width of the right of way on each side of the track is indicated, but nothing on the plat shows the relative width of the portions of the depot ground north and south of the railway track which was constructed shortly after the dedication. The plaintiff acquired, through mesne conveyances, the title to the road of the Dubuque Western Railroad Company, including the right of way and depot ground. The latter was not described in these several conveyances by metes and bounds, but in general terms. This is a suit to quiet title to the depot ground as dedicated. The several defendants interposed the defenses of adverse possession, boundaries established by acquiescence, and practical location and estoppel. In 1897 Hanken acquired the unplatted land north of the depot ground, extending from the east end southwesterly by two hundred and seventy-nine rods, and included in the conveyance was a strip of said ground fifty feet wide, so that the boundary fence was but fifty feet north of the track and an extension of the right of way fence from the east. This fence appears to have been constructed at least thirty years previous to the trial, though by whom is in doubt. The railroad company reconstructed it in 1893, and this circumstance is corroborative of testimony that the original fence was erected by one of its grantors. The land was used for pasture most of the time, though occasionally put in com. The boundary fence of Hanken extended westerly veering out from the track to near the westerly end of the depot ground. Wilkin owns several lots, to the west from Hanken’s land, a vacant space lying between
In the case at bar, the so-called depot ground was set apart in the plat long before any 'railroad was constructed. It was never adjudicated by condemnation or other proceedings to be essential to any company for depot purposes; and but a small portion of it has ever been occupied by the plaintiff or its grantors for that purpose; nor is it made to appear that that part not now so occupied will be likely to be needed in. the future. Merely noting its dedication on the map as depot ground did not endow the entire tract set apart with the incidents of a public, use. That which was actually occupied by the company