Legal Opinion

Nelson v. Northern Pacific Railway Co.

Supreme Court of the United States

Decided January 26, 1903No. 44PublishedCited by 40 opinions

ERROR TO THE SUPREME COURT OF THE STATE OF WASHINGTON. The Northern Pacific Railway Company brought this action in one of the courts of the State of Washington to recover from the plaintiffs in error the southeast quarter of section twenty-seven,-township twenty, north of range fourteen, east of . the Willamette meridian, in Kittitas County, in that State — the company claiming to be the owner in fee and alleging that the .defendants were in unlawful possession of the land.

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ERROR TO THE SUPREME COURT OF THE STATE OF WASHINGTON. The Northern Pacific Railway Company brought this action in one of the courts of the State of Washington to recover from the plaintiffs in error the southeast quarter of section twenty-seven,-township twenty, north of range fourteen, east of . the Willamette meridian, in Kittitas County, in that State — the company claiming to be the owner in fee and alleging that the .defendants were in unlawful possession of the land. The defendants denied each of thé allegations of the petition, and the case was tried under a stipulatiori of facts,…

1Opinion of the Court

*113Mb. Justice Habían,

after making the foregoing statement of facts, delivered the opinion of the court.

1. Before considering the merits of the case it is proper to remark that although the railroad company holds the patent of the United States for the land in controversy, the defendant, according to the laws of the State, was entitled to judgment, if.it appeared that he was equitably entitled to possession as against the plaintiff. 2 Hills’ Codes, § 530 et seq.; Burmeister v. Howard, 1 Wash. Ty. 207.

2. Wé have seen that the Northern Pacific Bailroad Company was created by the act of Congress of…

2Cases cited15 opinions

  1. Leavenworth, Lawrence, & Galveston Railroad v. United StatesSupreme Court of the United States · 1876
  2. Buttz v. Northern Pacific RailroadSupreme Court of the United States · 1886
  3. St. Paul & Pacific Railroad v. Northern Pacific RailroadSupreme Court of the United States · 1891
  4. Ard v. BrandonSupreme Court of the United States · 1895
  5. Northern Pacific Railroad v. SandersSupreme Court of the United States · 1897

10 more not listed; retrieve them via the Exa API.

3Cited by40 opinions

  1. United States v. Santa Fe Pacific RailroadSupreme Court of the United States · 1942
  2. United States v. Northern Pacific Railway Co.Supreme Court of the United States · 1921
  3. United States v. Northern Pacific Railway Co.Supreme Court of the United States · 1940
  4. Gauthier v. MorrisonSupreme Court of the United States · 1914
  5. United States v. LaughlinSupreme Court of the United States · 1919

35 more not listed; retrieve them via the Exa API.

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