Northern Pac. R. v. Montgomery

ROSS, Circuit Judge.

This was a suit for the recovery of damages for the breach of a warranty of title contained in a deed executed by the plaintiff: in error to the defendant in error, for certain lands situated in the then territory (now state) of Washington. At the time of the execution of the deed, which was April 10, 1876, it was supposed by both parties thereto that the lands were covered by the grant made to the Northern Pacific Railroad Company *252by the joint resolution of congress of May 31, 1870 (16" Stat. 378). The defendant in error, who was plaintiff in the court below, had built a…