Young v. Charnquist
Supreme Court of Iowa
Appeal from Webster District Gourt. — IIon. S. M. Weaver, Judge. The northeast ¿ of northeast J of section 35, in township 87 north, of range 29 west, of fifth P. M. is claimed by plaintiff under act of congress approved May 15, 1856, known as the “Railroad Land Grant,” accepted by 1 the state, and transferred by it to the Dubuque & Pacific Railroad Company, and subsequently by it to the Dubuque & Sioux City Railroad Company.
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Appeal from Webster District Gourt. — IIon. S. M. Weaver, Judge. The northeast ¿ of northeast J of section 35, in township 87 north, of range 29 west, of fifth P. M. is claimed by plaintiff under act of congress approved May 15, 1856, known as the “Railroad Land Grant,” accepted by 1 the state, and transferred by it to the Dubuque & Pacific Railroad Company, and subsequently by it to the Dubuque & Sioux City Railroad Company. The road was completed through Webster county in 1869, and this land is within the indemnity, not the place, limits — that is, more than 6 miles from, the line of…
1Opinion of the CourtLadd, J.
2 *1203 *1214 *1225 *119In harmony with what was supposed to bo the construction of the supreme court of the United States in Railroad Co. v. Smith, 9 Wall. 95 (19 L. Ed. 599), this court has hitherto held that the swamp land act of congress approved September 28, 1850, operated as a grant in praesenti to the respective states of swampy and overflowed lands, and passed title ex proprio vigore. Railroad Co. v. Brown, 40 Iowa, 335; Page County v. Burlington & M. R. Co., 40 Iowa, 520; Snell v. Railway Co., 78 Iowa, 88; Emigrant Co. v. Fuller, 83 Iowa, 599; Hays v. McCormick, 83 Iowa, 89; Young v. Hanson, 95 Iowa,…
2Cases cited22 opinions
- Wright v. RoseberrySupreme Court of the United States · 1887
- Brown v. HitchcockSupreme Court of the United States · 1899
- Railroad Co. v. SmithSupreme Court of the United States · 1870
- Rogers Locomotive MacHine Works v. American Emigrant Co.Supreme Court of the United States · 1896
- United States v. InsleySupreme Court of the United States · 1889
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3Cited by12 opinions
- State Ex Rel. Weede v. Iowa Southern Utilities Co. of DelawareSupreme Court of Iowa · 1942
- Fennelly v. A-1 MacHine & Tool Co.Supreme Court of Iowa · 2006
- Olds v. Little Horse Creek Cattle Co.Wyoming Supreme Court · 1914
- Pierson v. BillSupreme Court of Florida · 1938
- State v. JonesSupreme Court of Iowa · 1909
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