United States v. Tennessee & Coosa Railroad
Supreme Court of the United States
APPEAL FROM THE CIRCUIT COURT OF APPEALS FOR THE FIFTH CIRCUIT. This suit was brought under the act of September 29, 1890, c. 1040, 26 Stat. 496, to forfeit a land grant made to the State of Alabama in aid of the construction of a railroad from the Tennessee'River at or néar Gunter’s Landing to Gadsden, on the Coosa River, conveyed by the State to the Tennessee and Coosa Railroad Company.
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APPEAL FROM THE CIRCUIT COURT OF APPEALS FOR THE FIFTH CIRCUIT. This suit was brought under the act of September 29, 1890, c. 1040, 26 Stat. 496, to forfeit a land grant made to the State of Alabama in aid of the construction of a railroad from the Tennessee'River at or néar Gunter’s Landing to Gadsden, on the Coosa River, conveyed by the State to the Tennessee and Coosa Railroad Company. The bill alleges that Congress by the act of June 3, 1856, c. 41, 11. Stat. 17, granted to the State of Alabama in trust for certain railroads, of which the respondent, the Coosa Railroad, was one, every…
1Opinion of the CourtJustice McKenna
The questions which primarily arise on this appeal are based on the provisions of the granting act of 1856 and the forfeiting act of 1890.
The United States contend that the provisions of the former caused a reversion of the title in 1866; the contention of appellees is that some affirmative action, legislative or judicial, on the part of the grantor, was necessary for the forfeiture of the grant, and that until such action the title and all the powers conferred by the act of 1856 continued and could be exercised. And further, that the act of 1890 was the measure of forfeiture.
By the act of…
2Cases cited3 opinions
- Schulenberg v. HarrimanSupreme Court of the United States · 1875
- United States v. LoughreySupreme Court of the United States · 1898
- Railroad Land Company v. CourtrightSupreme Court of the United States · 1875
3Cited by33 opinions
- Fairmount Glass Works v. Cub Fork Coal Co.Supreme Court of the United States · 1933
- Duignan v. United StatesSupreme Court of the United States · 1927
- Lamb v. CramerSupreme Court of the United States · 1932
- Downey v. United StatesCourt of Appeals for the D.C. Circuit · 1937
- Ayers v. United StatesCourt of Appeals for the Eighth Circuit · 1932
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