Hastings & Dakota Railway Co. v. Whitney
Supreme Court of Minnesota
The plaintiff brought this action in the district court for Ramsey county, to have the title to a certain tract of land adjudged to be in it, and to have defendants barred from any interest or title.
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The plaintiff brought this action in the district court for Ramsey county, to have the title to a certain tract of land adjudged to be in it, and to have defendants barred from any interest or title. The land in question is in an odd-numbered section within the limits of plaintiff's-land grant, and is the property of the plaintiff unless taken out of the grant by the following facts, viz.: The line of plaintiff’s road was definitely located, and a map of such location was duly filed as required by law, on March 7, 1867. On May 8, 1865, one Bentley S» Turner, under the provisions of Ü. S. Rev.…
1Opinion of the CourtBebby, J.
The act of congress of July 4, 1866, (14 U. S. St. at Large, 87,) under which plaintiff claims title to the land in controversy, grants to the state of Minnesota (to whose rights plaintiff has succeeded) five alternate sections of land on each side of what is now plaintiff’s road; and provides that “in case it shall appear that the United States have, when the line or route of said road is definitely located, sold any section or part thereof, granted as aforesaid, or that the right of pre-emption or homestead settlement has attached to the same, or that the same has been reserved by the…
2Cases cited6 opinions
- Kansas Pacific Railway Co. v. DunmeyerSupreme Court of the United States · 1885
- Kansas Pacific Railroad v. Atchison, Topeka & Santa Fe RailroadSupreme Court of the United States · 1884
- United States v. Burlington & Missouri River R. Co.Supreme Court of the United States · 1879
- Atchison, Topeka & Santa Fé Railroad v. PrachtSupreme Court of Kansas · 1883
- B. & M. R. R. v. AbinkNebraska Supreme Court · 1883
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3Cited by2 opinions
- McMichael v. MurphySupreme Court of Oklahoma · 1902
- St. Paul & Sioux City Railroad v. WardSupreme Court of Minnesota · 1891