B. & M. R. R. v. Abink
Nebraska Supreme Court
Appeal from the district court of Lancaster county. Tried below before Pound, J. It was an action of ejectment brought by the railroad, their title being derived by patent from U. S. Government, of date June 28, 1875. Defendant claimed by virtue of pre-emption entry made by Daniel Doyle, Nov. 5, 1864, and from whom, the same having passed through several hands, the defendant finally acquired the improvements, and in 1872 homesteaded the land. cited: Fenwieh v. Gill, 38 Mo.,…
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Appeal from the district court of Lancaster county. Tried below before Pound, J. It was an action of ejectment brought by the railroad, their title being derived by patent from U. S. Government, of date June 28, 1875. Defendant claimed by virtue of pre-emption entry made by Daniel Doyle, Nov. 5, 1864, and from whom, the same having passed through several hands, the defendant finally acquired the improvements, and in 1872 homesteaded the land. cited: Fenwieh v. Gill, 38 Mo., 510. Quinn v. Kenyon, 38 Cal., 499. Moore v. Robins, 96 U. S., 530. Marquez v. Frisbie, 101 Id., 476. Frisbie v.…
1Opinion of the Court
Lake, Oh. J.
This is an appeal from the district court for Lancaster county. The controlling question is whether or not, at the time of the definite location of the plaintiff’s road, a preemption “claim” had “attached” to the land in controversy.
The line of the road was definitely fixed June 15th, 1865. Of this fact there is no dispute. If at this time the land were within the operation of the grant to the plaintiff, as declared and limited by section 19 of the act of congress approved July 2d, 1864 (13 U. S. Statutes at Large, 364), then the judgment of the district court should be reversed,…
2Cases cited3 opinions
- Leavenworth, Lawrence, & Galveston Railroad v. United StatesSupreme Court of the United States · 1876
- Newhall v. SangerSupreme Court of the United States · 1876
- Wood v. Railroad Co.Supreme Court of the United States · 1881
3Cited by3 opinions
- Hastings & Dakota Railway Co. v. WhitneySupreme Court of Minnesota · 1886
- Donohue v. St. Paul, Minneapolis & Manitoba Railway Co.Supreme Court of Minnesota · 1907
- Whitney v. TaylorU.S. Circuit Court for the District of Northern California · 1891