Northern Pac. Ry. Co. v. Soderberg
Court of Appeals for the Ninth Circuit
Appeal from the Circuit Court of the United States for the Northern Division of the District of Washington. The Northern Pacific Railway Company appeals from a decree of the circuit court dismissing its bill in a suit brought to restrain J. A. Soderberg, the appellee, from removing granite from the N. E. ⅛ of section 19, township 27 N., range 10 E. of the Willamette meridian, in the state of Washington.
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Appeal from the Circuit Court of the United States for the Northern Division of the District of Washington. The Northern Pacific Railway Company appeals from a decree of the circuit court dismissing its bill in a suit brought to restrain J. A. Soderberg, the appellee, from removing granite from the N. E. ⅛ of section 19, township 27 N., range 10 E. of the Willamette meridian, in the state of Washington. The bill alleges that the land In question is part of an odd-numbered section situated within the 40-mile or place limits of the grant to the Northern Pacific Railroad Company by act of…
1Opinion of the Court
GILBERT, ’Circuit Judge, after stating the case as above, delivered the opinion of the court.
The question presented in this case is whether lánd which is chiefly valuable for granite of a good, merchantable quality is mineral land within the meaning of the exception from the grant of lands to the Northern Pacific Railroad Company. Section 3 of the act of July 2, 1864, grants to the railroad company certain- odd-numbered sections not mineral, “and whenever on the line thereof, the United States have full title, not reserved, sold, granted, or otherwise appropriated, and free from pre-emption,…
2Cases cited6 opinions
- Pennoyer v. McConnaughySupreme Court of the United States · 1891
- United States v. MooreSupreme Court of the United States · 1878
- Barden v. Northern Pacific RailroadSupreme Court of the United States · 1894
- Mullan v. United StatesSupreme Court of the United States · 1886
- Menotti v. DillonSupreme Court of the United States · 1897
1 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Nephi Plaster & Mfg. Co. v. Juab CountyUtah Supreme Court · 1907
- Robinson v. Wheeling Steel & Iron Co.West Virginia Supreme Court · 1925
- United States v. Delta Development Co.District Court, E.D. Louisiana · 1970
- Untitled Texas Attorney General Opinion, Texas Attorney General Reports1945