Legal Opinion

Fremont County v. Burlington & Missouri River Railroad

Supreme Court of Iowa

Decided April 12, 1867PublishedCited by 12 opinions

Appeals from Fremont and Mills District Court. These cases, being identical in principle, and but little variant in their facts, will be jointly considered and determined. They-are applications in chancery, in which the plaintiffs set tip a paramount claim- to certain swamp, and overflowed lands therein described; with which it is charged the defendant is unlawfully interfering, and they ask that their title to and enjoyment of the same may. be quieted.

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Appeals from Fremont and Mills District Court. These cases, being identical in principle, and but little variant in their facts, will be jointly considered and determined. They-are applications in chancery, in which the plaintiffs set tip a paramount claim- to certain swamp, and overflowed lands therein described; with which it is charged the defendant is unlawfully interfering, and they ask that their title to and enjoyment of the same may. be quieted. This prayer the court below, on hearing, granted, and the defendant appeals. Other facts essential to the development and adjudication of the…

1Opinion of the Court

Lowe, Oh. J.

1. Swamp graSs: ie”fslative history. The lands in controversy have a legislative history, federal and State, to which it would be well to advert in advance of, and as shedding light upon, the question of priority between ^

They both claim the same lands under distinct grants by Congress, to the State. The plaintiffs insist that they are swamp and overflowed lands, and they deduce their right to the same through the State, under an act of Congress, approved September 28, 1850, entitled “ An act to enable the State of Arkansas and other States to reclaim the ‘ swamp lands ’ within…

2Cases cited2 opinions

  1. Bagnell v. BroderickSupreme Court of the United States · 1839
  2. Allison v. HalfacreSupreme Court of Iowa · 1861

3Cited by12 opinions

  1. City of Ludlow v. Trustees of Cincinnati Southern RailwayCourt of Appeals of Kentucky · 1880
  2. American Emigrant Co. v. FullerSupreme Court of Iowa · 1891
  3. State v. RoneySupreme Court of Iowa · 1873
  4. Page County v. B. & M. R. R.Supreme Court of Iowa · 1875
  5. Hays v. McCormickSupreme Court of Iowa · 1891

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