Vance v. Burlington & Missouri River Railroad
Nebraska Supreme Court
Appeal fipm the district court of Seward county. The facts are as follows : On the 6th day of October, A. D. 1865, Samuel G. Bingamon made a homestead entry,, under the United States homestead law of 1862, upon the north half of the southeast quarter, and the south half of the northeast quarter of section 19, town 9, range-4 east in Seward county of this state.
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Appeal fipm the district court of Seward county. The facts are as follows : On the 6th day of October, A. D. 1865, Samuel G. Bingamon made a homestead entry,, under the United States homestead law of 1862, upon the north half of the southeast quarter, and the south half of the northeast quarter of section 19, town 9, range-4 east in Seward county of this state. This entry wascancelled April 28th, 1871, for abandonment, Bingamon having voluntarily relinquished it December 16th, 1870. On the 15th day of May, A. D. 1871, Alexander H. Yance made a homestead entry upon the same tract of land, and…
1Opinion of the Court
Lake, Ch. J.
Whenever the question of right to land under the act of congress, through which the defendant company here *288claims title, or others of similar import, has been considered by the supreme court of the United States, the holding in effect has been that the grant is of a present interest, and effective as against all adverse claimants immediately upon and from a precise designation thereof, which designation is accomplished either by a definite location of the line of the road upon the ground, or through a'specific selection by numbers. And further, that where latteral limits are given…
2Cases cited1 opinion
- MO., ETC. RY. CO. v. Kan. Pac. Ry. Co.Supreme Court of the United States · 1878
3Cited by4 opinions
- City of Lincoln v. GillilanNebraska Supreme Court · 1885
- Northern Pacific Railroad v. BarnesNorth Dakota Supreme Court · 1892
- Whiteman v. PerkinsNebraska Supreme Court · 1898
- Rider v. B. & M. R. R.Nebraska Supreme Court · 1883