Kalbaugh

This was an action in ejectment to recover possession of a *838 narrow strip of land in Shasta county, state of California. The plaintiff claimed title as successor in interest to the original grantees under the Act of July 25, 1866 ( 14 Stat. 239 ), granting lands in aid of the construction of a railroad and telegraph line from the Central Pacific Railroad in California to Portland in the state of Oregon. By section 3 of the act there was granted a right of way through the public lands for the construction of the railroad and telegraph line to the extent of 100 feet in width on each side of the railroad where it passed over public lands. The defendants claimed title as successors in interest to the original patentee under a patent from the United States bearing date July 10, 1883.

The rule is well settled that a grant of a right of way, such as this, is a grant in prsesenti, and a party subsequently acquiring a parcel of such lands takes it subject to the right of way or easement. Railroad Co. v. Baldwin, 103 U. S. 426 , 26 L. Ed. 578 . It is equally well settled that when the line of railroad is definitely located, the grant attaches to that particular location and the right or…