Denver & Rio Grande R. R. v. Hanoum
Supreme Court of Colorado
Appeal from the District Court of Montrose County. Action against a railroad company for constructing and operating its road through lands claimed by plaintiff. Verdict and judgment for plai2itiff. Defendant appeals. The following provisions of the act of congress of March 8, 1875, are considered in the opinion (see Supplement to Rev. Stat. U. S., vol. 1, 2d ed., pp. 91, 92) : “ An act granting to railroads the right of way1 through the public lands of the United States.
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Appeal from the District Court of Montrose County. Action against a railroad company for constructing and operating its road through lands claimed by plaintiff. Verdict and judgment for plai2itiff. Defendant appeals. The following provisions of the act of congress of March 8, 1875, are considered in the opinion (see Supplement to Rev. Stat. U. S., vol. 1, 2d ed., pp. 91, 92) : “ An act granting to railroads the right of way1 through the public lands of the United States. “ Sec. 1. That the right of way through the public lands of the United States is hereby granted to any railroad company’-…
1Opinion of the CourtJustice Elliott
This action relates to a certain quarter section of land in Delta county, Colorado. The plaintiff Hanoum has the government patent for the land under the pre-emption laws of the United States. The defendant, the D. & R. G. R. R. Co., claims the right of way through the land for its railroad, basing its claim upon compliance with the act of congress “ granting to railroads the right of way through the public lands of the United States,” and actual occupation and use for such purpose. See act of March 3, 1875, 1 Sup. U. S. Rev." Stats., pp. 91, 92.
The question presented is: Does the patent give…
2Cases cited5 opinions
- Railroad Co. v. BaldwinSupreme Court of the United States · 1881
- Van Wyck v. KnevalsSupreme Court of the United States · 1882
- Hutchings v. LowSupreme Court of the United States · 1873
- Jackson v. DinesSupreme Court of Colorado · 1889
- Howell v. KillieSupreme Court of Colorado · 1891
3Cited by5 opinions
- Lewis v. Rio Grande Western Railway Co.Utah Supreme Court · 1898
- Billups v. ColmerOregon Supreme Court · 1926
- Bonner v. Rio Grande Southern RailroadSupreme Court of Colorado · 1903
- Jackman v. Atchison, T. & S. F. R. Co.New Mexico Supreme Court · 1918
- Denver & Rio Grande Railroad v. DoelzSupreme Court of Colorado · 1910