Union Pac. Ry. Co. v. United States
Court of Appeals for the Eighth Circuit
Appeal from the Circuit Court of the United States for the District . of Kansas.' ' This is an appeal from a decree in favor of the United States which annulled a patent of 160 acres of land to the appellant the Union Pacific Railway Company, upon the title evidenced by which a mortgage for $2,200, which was held by the appellant William Dalrymple, rested. The case was heard below upon the bill exhibited by the United States and the answers of the railway company.
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Appeal from the Circuit Court of the United States for the District . of Kansas.' ' This is an appeal from a decree in favor of the United States which annulled a patent of 160 acres of land to the appellant the Union Pacific Railway Company, upon the title evidenced by which a mortgage for $2,200, which was held by the appellant William Dalrymple, rested. The case was heard below upon the bill exhibited by the United States and the answers of the railway company. When a suit in equity is heard on the bill and the answers, the material allegations of the answers must be taken to be true, and…
1Opinion of the CourtSanborn, Circuit Judge
The principles announced in U. S. v. Winona & St. P. R. Co. (No. 564) 67 Fed. 948, are decisive of this case. The terms of the grant under the act of July 1,1862 (12 Stat. c. 120, §§ 3, 9, pp. 489, 492, 494), differ in no particular, essential to the decision of this case, from those considered in that case. 11 Stat 195.
*978Conceding, but not deciding, that the filing of the declaratory statement of G-rier was sufficient evidence that pre-emption rights had attached to the land in controversy here, when the line of the railroad was definitely fixed opposite to it, it follows from the views…
2Cases cited10 opinions
- Dickerson v. ColgroveSupreme Court of the United States · 1880
- United States v. San Jacinto Tin Co.Supreme Court of the United States · 1888
- United States v. BeebeSupreme Court of the United States · 1888
- Kirk v. HamiltonSupreme Court of the United States · 1880
- United States v. Winona & St. P. R.Court of Appeals for the Eighth Circuit · 1895
5 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Chicago, Rock Island & Pacific Railway Co. v. SchendelSupreme Court of the United States · 1926
- Cressler v. BrownSupreme Court of Oklahoma · 1920
- Independent School Dist. of Sioux City v. RewCourt of Appeals for the Eighth Circuit · 1901
- Wootton Land & Fuel Co. v. OwnbeyCourt of Appeals for the Eighth Circuit · 1920
- Price v. Southern Ry. Co.Supreme Court of Alabama · 1985
9 more not listed; retrieve them via the Exa API.