Northern Pacific Railroad v. Amacker
Supreme Court of the United States
ERROR TO THE CIRCUIT COURT OF APPEALS FOR THE NINTH CIRCUIT. This was an action of ejectment commenced on May 8, 1891, in tbe Circuit Court of the United States for the District of Montana by the railroad company, plaintiff in error, to recover possession of the south one half of the northwest one quarter of section 17, township 10 north, range 3 west of the principal meridian of Montana. A trial was had, which resulted in a judgment for the plaintiff. 53 Fed.
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ERROR TO THE CIRCUIT COURT OF APPEALS FOR THE NINTH CIRCUIT. This was an action of ejectment commenced on May 8, 1891, in tbe Circuit Court of the United States for the District of Montana by the railroad company, plaintiff in error, to recover possession of the south one half of the northwest one quarter of section 17, township 10 north, range 3 west of the principal meridian of Montana. A trial was had, which resulted in a judgment for the plaintiff. 53 Fed. Rep. 48. This judgment was reversed by the Court of Appeals for the Ninth Circuit, 15 U. S. App. 279, and the case remanded for a new…
1Opinion of the CourtJustice Brewer
The contest in this case is between one claiming under a homestead entry and a company claiming under a grant in aid of a railroad. It was long ago said by this court that “ the policy of the Federal Government in favor of settlers upon public lands has been liberal. It recognizes their superior equity to become the purchasers of a limited extent of land, comprehending their improvements, over that of any other person,” Clements v. Warner, 24 How. 394, 397; and in a later case, that “ the law deals tenderly with one who, in good faith, goes upon the public lands, with a view of making a home…
2Cases cited4 opinions
- Buttz v. Northern Pacific RailroadSupreme Court of the United States · 1886
- Ard v. BrandonSupreme Court of the United States · 1895
- Northern Pacific Railway Co. v. De LaceySupreme Court of the United States · 1899
- Clements v. WarnerSupreme Court of the United States · 1861
3Cited by9 opinions
- Tarpey v. MadsenSupreme Court of the United States · 1900
- Knepper v. SandsSupreme Court of the United States · 1904
- Great Northern Railway Co. v. ReedSupreme Court of the United States · 1926
- Manley v. TowU.S. Circuit Court for the District of Northern Iowa · 1901
- Northern Pacific Railway Co. v. NelsonWashington Supreme Court · 1900
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