Corinne Mill Canal & Stock Co. v. Johnson
Supreme Court of the United States
ERROR TO THE SUPREME COURT OF THE TERRITORY OF UTAH. This was an action brought by the plaintiff in error, plaintiff below, in the District Court .of the First Judicial District of Utah to recover possession of certain real estate.
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ERROR TO THE SUPREME COURT OF THE TERRITORY OF UTAH. This was an action brought by the plaintiff in error, plaintiff below, in the District Court .of the First Judicial District of Utah to recover possession of certain real estate. A trial before the court and a jury resulted in a verdict and judgment for defendant, which judgment was on appeal affirmed by the Supreme Court of the Territor}". 7 Utah, 327; The contention of plaintiff was that the lands were within the grant made by the acts of Congress of July 1, 1862, (12 Stat. 489,) and July 2, 1864, (13 Stat. 3560 to aid in the construction…
1Opinion of the CourtJustice Brewer
The grant to the railroad company was not of all the odd-numbered sections within twenty miles of its line of definite location, but of those sections subject to certain exceptions. Proof that the road had been located and completed and that the tracts claimed were odd-numbered sections within the twenty-mile limit, was not sufficient to establish title in the company. The evidence must go further, and the burden was on the plaintiff to show that they were not of the lands excepted. Maxwell Land Grant Co. v. Dawson, 151 U. S. 586.
Now the defect in this record which is fatal to the case of the…
2Cases cited1 opinion
- Maxwell Land Grant Co. v. DawsonSupreme Court of the United States · 1894
3Cited by11 opinions
- Howard v. PerrinSupreme Court of the United States · 1906
- Hill v. BarnerCalifornia Court of Appeal · 1908
- United States v. Illinois Cent. R. Co.District Court, E.D. Illinois · 1949
- Lummer v. UnruhCalifornia Court of Appeal · 1914
- Smith v. United StatesCourt of Appeals for the Fifth Circuit · 1946
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