Dalton Highway District Kootenai County V‪.‬

During the year 1919 appellant, Dalton Highway District (then known as the Dalton Gardens Highway District), condemned land owned by the Hillyard Townsite Company for a right-of-way which terminated at the shores of Hayden Lake, Kootenai County. In the year 1920 Hillyard Townsite Company deeded property to Atlas Tie Company, which deed described a portion of the property now claimed by the respondents, Sowders. At approximately this time Atlas Tie Company established a railroad for logging purposes over the property presently owned by the respondents. A portion of the railroad trackage was constructed on a trestle which extended into Hayden Lake. The northerly boundary of the railroad track approximately coincided with that boundary claimed by respondent Sowder to be the true boundary. This railroad track was subsequently removed.