Ostrom v. Wood
U.S. Circuit Court for the District of Northern Iowa
In Equity. On final hearing. These suits are two of a number of like kind pending in this court between homestead settlers upon certain of the lands within the limits of the grant by the act of Congress approved May 12, 1864 (13 Stat. 72, c. 84) to the state of Iowa, to aid in the construction of certain railroads in said state, and purchasers from the Sioux City & St. Paul Railroad Company, a company organized to construct one of said railroads, which compány claims the…
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In Equity. On final hearing. These suits are two of a number of like kind pending in this court between homestead settlers upon certain of the lands within the limits of the grant by the act of Congress approved May 12, 1864 (13 Stat. 72, c. 84) to the state of Iowa, to aid in the construction of certain railroads in said state, and purchasers from the Sioux City & St. Paul Railroad Company, a company organized to construct one of said railroads, which compány claims the land under grant from the state of Iowa for the purpose specified in said act of Congress. The legislation of Congress and…
1Opinion of the CourtReed, District Judge
(after stating the facts). The facts in these cases are not distinguishable from those in Knepper v. Sands, 194 U. S. 476, 24 Sup. Ct. 744, 48 L. Ed. 1083, save only that in that case Sands, the homestead settler, was in possession and occupancy of the land at the time Knepper made his contract with the railroad company for the purchase of the same, while in these cases it appears that the complainant Runger entered and did some breaking upon the land claimed by him prior to the purchase of Wood, but did not actually move onto the land within six months thereafter, nor until after Wood’s *297purch…
2Cases cited3 opinions
- Sioux City & St. Paul Railroad v. United StatesSupreme Court of the United States · 1895
- Knepper v. SandsSupreme Court of the United States · 1904
- Lane v. BennerSupreme Court of the United States · 1905
3Cited by2 opinions
- McKenna v. AthertonU.S. Circuit Court for the District of Northern Iowa · 1908
- Linebeck v. VosU.S. Circuit Court for the District of Northern Iowa · 1908