United States v. Montana Lumber & Manufacturing Co.
Supreme Court of the United States
CERTIFICATE FROM THE CIRCUIT COURT OF APPEALS FOR THE NINTH CIRCUIT. Action by the United States against the Montana Lumber Company and the other defendants for the recovery of $15,000, for the value of 2,000,000 feet of lumber which had been cut by the lumber company on unsurveyed lands within the District of Montana, and converted by the defend a,nts to their own use.
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CERTIFICATE FROM THE CIRCUIT COURT OF APPEALS FOR THE NINTH CIRCUIT. Action by the United States against the Montana Lumber Company and the other defendants for the recovery of $15,000, for the value of 2,000,000 feet of lumber which had been cut by the lumber company on unsurveyed lands within the District of Montana, and converted by the defend a,nts to their own use. It is alleged that the land from which the lumber was cut when surveyed will be in township 26 N.; of range 34 W., of the Montana meridian. The railway company answered separately denying the allegations of the complaint. The…
1Opinion of the CourtJustice McKenna
In the view we take of the case the answer to the second question becomes unnecessary. The answer to the first and third depends upon thé effect of the grant to the Northern Pacific Railroad .Company by the', act of July 2, 1864.
The third section of that act contains the usual granting words: "That there be, and hereby is, granted to the 'Northern Pacific Railroad Company,’ its successors and assigns,” every alternate section of public land, not mineral, designated by odd numbers, on each side of the line of the railroad when definitely fixed.
It has been decided many times that such grants…
2Cases cited12 opinions
- Leavenworth, Lawrence, & Galveston Railroad v. United StatesSupreme Court of the United States · 1876
- Cragin v. PowellSupreme Court of the United States · 1888
- Northern Pacific Railroad v. Traill CountySupreme Court of the United States · 1885
- Deseret Salt Co. v. TarpeySupreme Court of the United States · 1891
- Central Pacific Railroad v. NevadaSupreme Court of the United States · 1896
7 more not listed; retrieve them via the Exa API.
3Cited by25 opinions
- United States v. Northern Pacific Railway Co.Supreme Court of the United States · 1940
- Wills v. MorrisMontana Supreme Court · 1935
- United States v. Standard Oil Company of CaliforniaDistrict Court, S.D. California · 1937
- Gleason v. WhiteSupreme Court of the United States · 1905
- Yellowstone River, LLC v. Meriwether Land Fund I, LLCMontana Supreme Court · 2011
20 more not listed; retrieve them via the Exa API.