Legal Opinion

Washington & Idaho Railroad v. Osborne

Idaho Supreme Court

Decided March 18, 1889PublishedCited by 2 opinions

APPEAL from District Court, Shoshone County. Occupation and improvement on the public lands, with a view to pre-emption, do not confer a vested right to the land so occupied. (Frisbie v. Whitney, 9 Wall. 187; Aurora Sill Consol. Min. Co. v. Eighty-five Mining Co., 34 Fed. 520; Bouldin v. Phelps, 30 Fed. 564; United States v. Taylor, 35 Fed. 486; Union Pac. Ry.

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APPEAL from District Court, Shoshone County. Occupation and improvement on the public lands, with a view to pre-emption, do not confer a vested right to the land so occupied. (Frisbie v. Whitney, 9 Wall. 187; Aurora Sill Consol. Min. Co. v. Eighty-five Mining Co., 34 Fed. 520; Bouldin v. Phelps, 30 Fed. 564; United States v. Taylor, 35 Fed. 486; Union Pac. Ry. Co. v. Douglass Co., 31 Fed. 540.) If possessory claims exist at the time a railroad company complies with the act of March 3, 1875, by filing its articles of incorporation and proofs of organization, then a right of way must be…

1Opinion of the CourtWeir, C. J.

This is an action brought by the plaintiff, in which it appears that the plaintiff, as a duly organized corporation, has duly filed its certificate of incorporation and dne proofs of its organization, under the act of March 8, 1875, and is entitled to a right of way for the purpose of constructing its railroad over the public lands of the United States; that the defendant claims that he is the owner of a part of said public land, and that he is entitled to the possession of the same as against the plaintiff; that thereupon, on the twenty-eighth day of July, 1888, plaintiff commenced…

2Cases cited4 opinions

  1. Gamble v. AnkneyIdaho Supreme Court · 1869
  2. Caney v. SilverthorneCalifornia Supreme Court · 1858
  3. Purdy v. SteelIdaho Supreme Court · 1868
  4. People v. O'ConnerIdaho Supreme Court · 1880

3Cited by2 opinions

  1. United States v. HansonCourt of Appeals for the Ninth Circuit · 1909
  2. Chapman v. A. H. Averill Machinery Co.Idaho Supreme Court · 1915

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