Legal Opinion

Tarpey v. Madsen

Supreme Court of the United States

Decided May 21, 1900No. 119PublishedCited by 36 opinions

ERROR TO THE SUPREME COURT OF THE STATE OF UTAH. This case comes on error to the Supreme Court of the State of Utah, and involves the title to the S.W. ^ of section 29, township 11 north, of range 2 west. This tract is within the place limits of the grant to the Central Pacific Káílroad of California.

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ERROR TO THE SUPREME COURT OF THE STATE OF UTAH. This case comes on error to the Supreme Court of the State of Utah, and involves the title to the S.W. ^ of section 29, township 11 north, of range 2 west. This tract is within the place limits of the grant to the Central Pacific Káílroad of California. The map of definite location of that part of the road opposite this land was filed, and approved by the Secretary of the Interior, on October 20,1868, and the entire road was constructed and accepted prior to 1810. The land is.not mineral nor swamp land, nor was it returned or denominated as…

1Opinion of the CourtJustice Brewer

A narrow but important question is presented by this record. The land in controversy is an odd numbered section within the place limits of the grant to the Central Pacific Railroad Company. The identification of the lands which passed by that grant was made at the time the map of definite location was filed in the office of the Secretary of the Interior, and by him approved, to wit, October 20, 1868, and the question is whether there was anything in the occupation or entry by Olney to defeat the title apparently then passing to the railroad company. That there was nothing of record affecting…

2Cases cited15 opinions

  1. Camfield v. United StatesSupreme Court of the United States · 1897
  2. Hastings & Dakota Railroad v. WhitneySupreme Court of the United States · 1889
  3. Frisbie v. WhitneySupreme Court of the United States · 1870
  4. Kansas Pacific Railway Co. v. DunmeyerSupreme Court of the United States · 1885
  5. Van Wyck v. KnevalsSupreme Court of the United States · 1882

10 more not listed; retrieve them via the Exa API.

3Cited by36 opinions

  1. Cosmos Exploration Co. v. Gray Eagle Oil Co.Court of Appeals for the Ninth Circuit · 1901
  2. Nelson v. Northern Pacific Railway Co.Supreme Court of the United States · 1903
  3. St. Paul, Minneapolis & Manitoba Railway Co. v. DonohueSupreme Court of the United States · 1908
  4. Southern Indiana Railway Co. v. Indianapolis & Louisville Railway Co.Indiana Supreme Court · 1907
  5. Oregon & California Railroad v. United StatesSupreme Court of the United States · 1903

31 more not listed; retrieve them via the Exa API.

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