50 Iowa 422 | Iowa | 1879
We ought, perhaps, to observe here that a conditional resolution was passed locating the depot grounds, but that was evidently not such a location of the depot as to entitle the company to a deed, and we do not understand the plaintiff as seriously insisting that it was.
The point more especially relied upon is that a depot was finally built precisely where Brewer had provided in his agreement that it should be built. It is true that it was not built by the Dubuque & Pacific Railroad Company, with whom Brewer’s agreement was made, but it was built by a company that claimed to be a successor to the right of that company, both in the railroad and in the land in question. Thirteen years after Brewer’s deed was executed and deposited, and after the land in question had passed to the defendants,.or a part of them, the Iowa Falls & Sioux City Railroad Company completed the road as far west as Webster City, and built the
Whether there was an attempt to make a transfer depends upon whether the land in question was embraced in a certain mortgage. The property conveyed was described .as “roadway, stations, depot land, and other land appurtenant to the railroad;” but there was expressly reserved “all lands not included in the grant of public lands, and not necessary for the uses and purposes of the railroad, and the depots and the right of way.” We think that the land in question did not come within the general terms of the grant, and would not have passed even if there had been no reservation. The evidence shows that the land was laid out into town lots, and held for town purposes and not railroad purposes.
We think that the judgment of the Circuit Court must be
Affirmed.