Northern Pacific Railroad Company v. Patterson
Supreme Court of the United States
ERROR TO THE SUPREME COURT OF THE STATE OF MONTANA. This was an action commenced bjr the Northern Pacific Railroad Company against J. L. Patterson, county treasurer of Gallatin County, Montana, for an injunction, to restrain the defendant from selling certain lands, blocks, and lots for taxes which had been levied thereon in the year 1889, or collecting' the same, and also- for a decree adjudging said taxes to be void.
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ERROR TO THE SUPREME COURT OF THE STATE OF MONTANA. This was an action commenced bjr the Northern Pacific Railroad Company against J. L. Patterson, county treasurer of Gallatin County, Montana, for an injunction, to restrain the defendant from selling certain lands, blocks, and lots for taxes which had been levied thereon in the year 1889, or collecting' the same, and also- for a decree adjudging said taxes to be void. The complaint set out three separate and distinct causes of action, but it is not claimed that any Federal question was presented by the allegations in respect of the second…
1Opinion of the CourtChief Justice Fullee
The ground upon which it was asserted that these lands were not subject to taxation was that they had not been identified as lands passing to the plaintiff under its grant, because the United States had refused to certify them, and held them suspended “ for the reason that it is claimed that such lands are mineral and are excepted from the grant to the plaintiff.” It was said in Wisconsin Central Railroad v. Price, 133 U. S. 496, 505, that “ he who has the right to property, and is not excluded from its enjoyment, shall not be permitted to use the legal title of the government to avoid his…
2Cases cited1 opinion
- Wisconsin Central Railroad v. Price CountySupreme Court of the United States · 1890
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