Where a land-owner granted a right of way to a railroad company organized under a charter in perpetuity, and the grant contains no limit as to time, the easement will be perpetual, unless terminated by release or abandonment. Where such railroad, with its appurtenances, is subsequently pledged to the state in security for a loan, and, the pledge being forfeited, is sold by the state, he easement passes by the sale, and is vested in the purchaser. This result is in no way affected by the fact that the purchase is made, mediately or immediately, by another railroad company, if there be legislative authority to make the purchase, and if the original object and consid eration of the grant of the easement be not thereby changed or defeated Judge Bowen's term of office expired on the 9th day of February, 1858, when he was succeeded by Judge Sutliff. VOL. VII-1 1 |