McComas v. Northern Pac. Ry. Co.
Oregon Supreme Court
From Umatilla: Gilbert W. Phelps, Judge. In Bane. Statement by Mr. Justice Burnett. Tbis is a suit by E. W. McComas against tbe Northern Pacific Railway Company, a corporation, tbe Farmers’ Loan and Trust Company, a corporation, trustee, and other persons unknown to plaintiff, to quiet title to certain lands in Umatilla County. Tbe plaintiff asserts title by prescription.
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From Umatilla: Gilbert W. Phelps, Judge. In Bane. Statement by Mr. Justice Burnett. Tbis is a suit by E. W. McComas against tbe Northern Pacific Railway Company, a corporation, tbe Farmers’ Loan and Trust Company, a corporation, trustee, and other persons unknown to plaintiff, to quiet title to certain lands in Umatilla County. Tbe plaintiff asserts title by prescription. Tbe defendants claim under tbe act of Congress of July 2, 1864, entitled “An act granting lands to aid in tbe construction of a railroad and telegraph line from Lake Superior to Puget’s Sound, on tbe Pacific Coast, by tbe…
1Opinion of the CourtJustice Burnett
Although other lands are included in the complaint, the parties stipulated disposing of the title to all except the following: Lots 2 and 4 of section 5, and lots 1 and 2, the north half of the northeast quarter, and the northeast quarter of the southeast quarter, of section 7, all in township 5 north, range 30 east, Willamette Meridian. There is substantially no dispute . about the facts in the case.
1. Section 3 of the congressional enactment mentioned reads, in part, as follows:
“That there be, and hereby is, granted to the ‘Northern Pacific Railroad Company,’ its successors and assigns, for…
2Cases cited3 opinions
- Bardon v. Northern Pacific RailroadSupreme Court of the United States · 1892
- Boe v. ArnoldOregon Supreme Court · 1909
- Northern Lumber Co. v. O'BRIENSupreme Court of the United States · 1907
3Cited by2 opinions
- Charles Schraier v. Walter J. Hickel, Secretary of the InteriorCourt of Appeals for the D.C. Circuit · 1969
- Young v. White Sulphur & Huntersville RailroadWest Virginia Supreme Court · 1924