Buttz v. Northern Pacific Railroad
Supreme Court of the United States
APPEAL PROM THE SUPREME COUET OP THE TERRITORY OP DAKOTA. Thé followingás the case as stated by the court: This was an action for the possession of a tract of, land ih the. Territory of Dakota.
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APPEAL PROM THE SUPREME COUET OP THE TERRITORY OP DAKOTA. Thé followingás the case as stated by the court: This was an action for the possession of a tract of, land ih the. Territory of Dakota. The plaintiff below, the Northern Pacifio Railroad Company, asserted title to the premises under a grant made by the act of Congress of July 2, 1864. Tbe defendant, Peronto, asserted a right to preempt the premises by virtue of his settlement upon them under the preemption law of September 4th, 1841, and that his right thereto was superior to that of the railroad company. The action was brought into…
1Opinion of the Court
'Mb. TustiCe Field,
after stating the case, delivered the opinion of the court, as follows:
The land in controversy and other lands in Dakota, through which the Northern Pacific Kailroad was to be. constructed, was within what is known as Indian country. At the time the act of July 2d, 1864, was passed,-the title of. the. .Indian tribes was not extinguished. But that fact did not prevent the grant of Congress from operating to pass the fee- of the land-to the company. The fee was in the United States. The Indians had merely a right of occupancy, a right to use the land subject to the dominion…
2Cases cited3 opinions
- Johnson & Graham's Lessee v. McIntoshSupreme Court of the United States · 1823
- Clark v. SmithSupreme Court of the United States · 1839
- Beecher v. WetherbySupreme Court of the United States · 1877
3Cited by126 opinions
- Oneida Indian Nation v. County of OneidaSupreme Court of the United States · 1974
- Jones v. MeehanSupreme Court of the United States · 1899
- Minnesota v. HitchcockSupreme Court of the United States · 1902
- United States v. Santa Fe Pacific RailroadSupreme Court of the United States · 1942
- Great Northern Railway Co. v. United StatesSupreme Court of the United States · 1942
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