Northern Pacific Railway Co. v. Smith
Montana Supreme Court
Appeals from District Court, Prairie County; C. C. Hurley, Judge. Action by the Northern Pacific Railway Company against John Smith. From a judgment for defendant and an order denying a new trial, plaintiff appeals. (Authorities cited in brief are incorporated in the opinion and therefore are omitted here.) In the ease of the Northern Pacific B. B. Co. v. Majors, 5 Mont.
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Appeals from District Court, Prairie County; C. C. Hurley, Judge. Action by the Northern Pacific Railway Company against John Smith. From a judgment for defendant and an order denying a new trial, plaintiff appeals. (Authorities cited in brief are incorporated in the opinion and therefore are omitted here.) In the ease of the Northern Pacific B. B. Co. v. Majors, 5 Mont. Ill, 2 Pac. 322, the court held that “that court [United States supreme court] has repeatedly held, in construing grants of land made by Congress, that ‘a grant’ of lands ‘may be made by law as well as by a patent issued…
1Opinion of the CourtChief Justice Brantly
Action in ejectment. After the issues were made up, the cause was submitted to the court without a jury upon an agreed statement of facts, the substance of which is the following:
Section 15, township 14 north of range 46 east of the Montana principal meridian in Prairie county, Montana, the land described in the complaint, is an odd-numbered section within the limits of the primary grant of land made to the Northern Pacific Railroad Company,' the predecessor in interest of the plaintiff, b3r the Act of Congress of June 2, 1864. Patent for the section was issued by the United States to the…
2Cases cited21 opinions
- Leavenworth, Lawrence, & Galveston Railroad v. United StatesSupreme Court of the United States · 1876
- Gibson v. ChouteauSupreme Court of the United States · 1872
- Redfield v. ParksSupreme Court of the United States · 1889
- Deseret Salt Co. v. TarpeySupreme Court of the United States · 1891
- Bullerdick v. HermsmeyerMontana Supreme Court · 1905
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3Cited by6 opinions
- Brannon v. Lewis & Clark CountyMontana Supreme Court · 1963
- Wills v. MorrisMontana Supreme Court · 1935
- Newton v. WeilerMontana Supreme Court · 1930
- Yellowstone River, LLC v. Meriwether Land Fund I, LLCMontana Supreme Court · 2011
- Barr v. RuppMontana Supreme Court · 1935
1 more not listed; retrieve them via the Exa API.