Northern Lumber Co. v. O'BRIEN
Supreme Court of the United States
APPEAL FROM THE UNITED STATES CIRCUIT COURT OF APPEALS. The facts are stated in the opinion. As the withdrawal upon general route for the Lake Superior and Mississippi Company was set aside in 1866, the lands were free public lands when the Northern Pacific line was definitely located in 1882; and they therefore fall literally within the Northern Pacific grant, unless their withdrawal was such as to forbid their inclusion on July 2, 1864, the date of the granting act, within…
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APPEAL FROM THE UNITED STATES CIRCUIT COURT OF APPEALS. The facts are stated in the opinion. As the withdrawal upon general route for the Lake Superior and Mississippi Company was set aside in 1866, the lands were free public lands when the Northern Pacific line was definitely located in 1882; and they therefore fall literally within the Northern Pacific grant, unless their withdrawal was such as to forbid their inclusion on July 2, 1864, the date of the granting act, within the term “public lands” as used in that act. To a withdrawal precision and certainty are as necessary as to a…
1Opinion of the CourtJustice Harlan
This suit involves the title to the south half of the southeast quarter of section twenty-seven, township fifty-two north, .range fifteen west, in the State of Minnesota.
The principal question in the case is whether the land in dispute was embraced by the grant of public lands made by Congress July 2, 1864, 13 Stat: 365, 367, c. 217, to the Northern Pacific Railroad Company in aid of the construction of a railroad and telegraph line from Lake Superior to Puget Sound. If it was not, then the decree of the Circuit Court dismissing the bill was right, as was that of the Circuit Court of Appeals…
2Cases cited17 opinions
- Leavenworth, Lawrence, & Galveston Railroad v. United StatesSupreme Court of the United States · 1876
- Schulenberg v. HarrimanSupreme Court of the United States · 1875
- Kansas Pacific Railway Co. v. DunmeyerSupreme Court of the United States · 1885
- Railroad Co. v. BaldwinSupreme Court of the United States · 1881
- St. Paul & Pacific Railroad v. Northern Pacific RailroadSupreme Court of the United States · 1891
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3Cited by11 opinions
- Columbia Basin Land Protection Ass'n v. SchlesingerCourt of Appeals for the Ninth Circuit · 1981
- Columbia Basin Land Protection Association, Etc., and South Columbia Basin Irrigation District, Plaintiff-Intervenor v. James R. Schlesinger, Etc., Columbia Basin Land Protection Association, Etc., and South Columbia Basin Irrigation District, Plaintiff-Intervenor v. James R. Schlesinger, Etc., Columbia Basin Land Protection Association, Etc., and South Columbia Basin Irrigation District, Plaintiff-Intervenor, and State of Washington and Franklin County, Plaintiffs-Intervenors-Appellants v. James Schlesigner, Etc.Court of Appeals for the Ninth Circuit · 1981
- Wenberg v. Gibbs TownshipNorth Dakota Supreme Court · 1915
- Minnesota v. LaneSupreme Court of the United States · 1918
- Western Nuclear, Inc. v. AndrusCourt of Appeals for the Tenth Circuit · 1981
6 more not listed; retrieve them via the Exa API.