Linebeck v. Vos
U.S. Circuit Court for the District of Northern Iowa
In Equity. On final hearing. The land involved in this suit is the S. E. % of Sec. No. 29, Tp. 96, R. 42, in O’Brien county, this state, and is a part of the 85,457.41 acres patented to the state of Iowa under the act of Congress of May 12, 1864, c. 84, 13 Stat. 72, for the benefit of the Sioux City & St. Paul Railroad Company, but never patented to that company, for the reasons stated in Sioux City & St. Paul R. R. Co. v. United States, 159 U. S. 349, 16 Sup.
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In Equity. On final hearing. The land involved in this suit is the S. E. % of Sec. No. 29, Tp. 96, R. 42, in O’Brien county, this state, and is a part of the 85,457.41 acres patented to the state of Iowa under the act of Congress of May 12, 1864, c. 84, 13 Stat. 72, for the benefit of the Sioux City & St. Paul Railroad Company, but never patented to that company, for the reasons stated in Sioux City & St. Paul R. R. Co. v. United States, 159 U. S. 349, 16 Sup. Ct. 17, 40 E. Ed. 177.
1Opinion of the Court
REED, District Judge.
The facts regarding the possession and occupancy of this land are: On August 27, 1887, John Brokaw made a contract with the Sioux City & St. Paul Railroad Company for its purchase,, agreeing to pay therefor $2,080 in 10 annual installments, which was then its full market value. He had been in possession of the land prior thereto and continued to remain in possession after making such contract. December 19, 1887, he assigned his contract of purchase to W. B. Bowne, and W. H. Sleeper for $230 which they paid to him'in cash, and in addition assumed and agreed to pay to the…
2Cases cited13 opinions
- United States v. SchurzSupreme Court of the United States · 1880
- Moore v. RobbinsSupreme Court of the United States · 1878
- Frisbie v. WhitneySupreme Court of the United States · 1870
- Hutchings v. LowSupreme Court of the United States · 1873
- Atherton v. FowlerSupreme Court of the United States · 1878
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