Winona & St. Peter Railroad v. United States
Supreme Court of the United States
APPEAL FROM THE CO0RT OF APPEALS FOR THE ’ EIGHTH OIROUIT. ' This was a-bill filed by the United States in the Circuit ‘Court of the United - States for the District of Minnesota against-the Winona and St. Peter Railroad Company, the Winona and St. Peter Land Company, and Thomas Marshall, • Jr. The suit was one to set aside the certification of a patent made to the State of Minnesota for the benefit of the defendant railroad company of the northeast quarter of section 35,…
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APPEAL FROM THE CO0RT OF APPEALS FOR THE ’ EIGHTH OIROUIT. ' This was a-bill filed by the United States in the Circuit ‘Court of the United - States for the District of Minnesota against-the Winona and St. Peter Railroad Company, the Winona and St. Peter Land Company, and Thomas Marshall, • Jr. The suit was one to set aside the certification of a patent made to the State of Minnesota for the benefit of the defendant railroad company of the northeast quarter of section 35, township 106 north, range 18 west, which certification was of date December. 1, 1862. After answers, proof and an agreed…
1Opinion of the Court
Mr. Justice Brewer,
after stating. the case, delivered the ■opinion of the court.
The differences between this case and that -referred to in the foregoing statement are these: Anterior to any claim of right by the railroad company, by virtue either of filing its map of definite location or of surveying and staking' upon the ground its line, a preemption filing was placed upon the land which was never cancelled. There remained, therefore, on the recoi’ds until after the certificatioh to the- State a, claim of a right to preempt.' The party making this claim continued in possession by himself or…
2Cited by7 opinions
- Southern Pacific Railroad v. United StatesSupreme Court of the United States · 1897
- United States v. Southern Pacific RailroadSupreme Court of the United States · 1902
- O'Connor v. GertgensSupreme Court of Minnesota · 1902
- Manley v. TowU.S. Circuit Court for the District of Northern Iowa · 1901
- United States v. Coos Bay Wagon-Road Co.U.S. Circuit Court for the District of Oregon · 1898
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