MR. JUSTICE BREWER, after stating the case, delivered the opinion of the court.
The differences between this case and that referred to in the foregoing statement are these: Anterior to any claim of right by the railroad company, by virtue either of filing its map of definite location or of surveying and staking upon the ground its line, a preëmption filing was placed upon the land which was never cancelled. There remained, therefore, on the records until after...
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