Southworth v. United States
United States Court of Claims
The Reporters' statement of the ease: This case not being appealable, no findings of fact were filed. The facts, so far as they, are involved in the decision, are stated in the opinion of the court.
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The Reporters' statement of the ease: This case not being appealable, no findings of fact were filed. The facts, so far as they, are involved in the decision, are stated in the opinion of the court. As implied from the statute, the sole ground upon which the exceptional charge of $2.50 per acre for public lands is based is because they are within the limits of a railroad land grant, by which land grant the alternate sections have been granted to a railroad company in order to aid in the construction of a railroad. All laws which have authorized the charge of $2.50 per acre for agricultural…
1ConcurrenceNott, J.
I concur in the judgment in this case.
If I considered the question of statutory construction properly before the court, I should agree with the interpretation given to the statutes in the opinion of the court. But I do not regard that question as an open one in the case of an executed contract of bargain and sale, a case where the claimant voluntarily entered into the agreement, paid the price, received the deed, and obtained possession of the laud. I must, therefore, rest my concurrence upon the grounds set forth in my dissenting opinion in Healy's Case (29 C. Cls. R., 115, 142).
2Cases cited1 opinion
- Healey v. United StatesUnited States Court of Claims · 1894