Railroad Co. v. Smith
Supreme Court of the United States
Error to the Supreme Court of the State of Missouri. The Hannibal and St. Joseph Railroad Company brought ejectment against Smith, in one of the county courts of Mis souri, to recover possession of certain lands.
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Error to the Supreme Court of the State of Missouri. The Hannibal and St. Joseph Railroad Company brought ejectment against Smith, in one of the county courts of Mis souri, to recover possession of certain lands. The title of the railroad company was deduced from an act of Congress, entitled, “An act granting the right of way to the State of Missouri, and a portion of the public lands to aid in the construction of certain railroads in said State,” approved June 10th, 1852. This act granted to the State of Missouri, for the purpose of making the railroad, every alternate section of land…
1Opinion of the CourtJustice Miller
The grants of lands by Congress to the States in aid of railroads have generally been made with reference to the lands through which the roads were to pass, and, as the line of the road had to be located after the grant was made, it has been usual in the acts making the grant, to describe them as alternate sections of odd numbers within a certain limit on each side of the road, when it should be located.
This, of course, left it to be determined by the location of the road what precise lands were granted. So far as this uncertainty in the grant was concerned, it was one which might remain for…
2Cited by69 opinions
- Lux v. HagginCalifornia Supreme Court · 1886
- Leavenworth, Lawrence, & Galveston Railroad v. United StatesSupreme Court of the United States · 1876
- Wright v. RoseberrySupreme Court of the United States · 1887
- French v. FyanSupreme Court of the United States · 1876
- Michigan Land & Lumber Co. v. RustSupreme Court of the United States · 1897
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