Denny v. Dodson
United States Circuit Court
Action to Recover Possession of Real Property. This .is an action of ejectment to recover possession of certain lots in ihe town of Arlington, Gilliam county, Oregon, being portions of section 21, in township 3 N., of range 21 E. of the Willamette meridian, in that state.
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Action to Recover Possession of Real Property. This .is an action of ejectment to recover possession of certain lots in ihe town of Arlington, Gilliam county, Oregon, being portions of section 21, in township 3 N., of range 21 E. of the Willamette meridian, in that state. The plaintiff claims title to them under the grant made to the Northern Pacific Railroad Company, by the act of congress of July 2, 1864. The complaint alleges that he is the owner in fee of the premises; that the defendant is in possession thereof, and wrongfully withholds the possession from him to his damage of $200. In…
1Opinion of the Court
Field, Circuit Justice.
As the complaint avers that the premises in controversy were a part of the land granted to the Northern Pacific Railroad Company by the act of congress of July 2,1864, and that they were free from any claims which would defeat their vesting in the company, at the time the general route of its railroad was designated, and a map thereof filed with the commissioner of the general land-office, and the lands opposite to such route were withdrawn from sale, entry, and preemption, the only objections that can be raised upon the demurrer must go to the sufficiency of the title…
2Cases cited11 opinions
- Leavenworth, Lawrence, & Galveston Railroad v. United StatesSupreme Court of the United States · 1876
- Schulenberg v. HarrimanSupreme Court of the United States · 1875
- Wright v. RoseberrySupreme Court of the United States · 1887
- Railroad Co. v. BaldwinSupreme Court of the United States · 1881
- Buttz v. Northern Pacific RailroadSupreme Court of the United States · 1886
6 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Northern Pac. R. v. SandersU.S. Circuit Court for the District of Montana · 1891
- United States v. Four Bottles Sour-Mash WhiskyDistrict Court, D. Washington · 1898
- Northern Pacific Railway Co. v. NelsonWashington Supreme Court · 1900
- Southern Pac. R. v. WiggsU.S. Circuit Court for the District of Northern California · 1890
- Hillstrand v. StateAlaska Supreme Court · 1964
4 more not listed; retrieve them via the Exa API.