Railroad Co. v. Schurmeir
Supreme Court of the United States
Error to'.the Supreme Court of Minnesota. Schurmeir filed a bill in one of the inferior courts of Minnesota, to enjoin the St. Paul and Pacific Railroad Company from taking possession, and building its railroad upon, certain ground in the city of St. Paul, Minnesota, bordering on the Mississippi, and originally a fractional section of the public lauds. The place was alleged, by Schurmeir, to be a public street and landing.
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Error to'.the Supreme Court of Minnesota. Schurmeir filed a bill in one of the inferior courts of Minnesota, to enjoin the St. Paul and Pacific Railroad Company from taking possession, and building its railroad upon, certain ground in the city of St. Paul, Minnesota, bordering on the Mississippi, and originally a fractional section of the public lauds. The place was alleged, by Schurmeir, to be a public street and landing. The railroad company justified their entry, as owner, in fee of the locus in quo. The issues between the parties were tried by a referee, who found both facts and law in…
1Opinion of the CourtJustice Clifford
delivered, the opinion of the court.
Complainant alleged that he was the owner in fee, and in the actual possession of the real estate described in the bill of complaint, together with the stone warehouse thereon erected. As described, the premises are situated in the city of St. Paul, county of Ramsey, and'State of Minnesota; and the allegation is, that the lot extends to, and adjoins the public street and levee which run along the left bank of the .Mississippi River in front of that city; that the said street aiid levee constitute the public landing for all steamboats and other vessels bound…
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