Legal Opinion

United States v. Des Moines Valley R.

Court of Appeals for the Eighth Circuit

Decided December 13, 1897No. 816PublishedCited by 10 opinions

Appeal from the Circuit Court of the United States for the Northern District of Iowa. On March 6, 1893, the United States of America exhibited its amended bill of complaint against the Des Moines Valley Railroad Company, James O. West, and Sylvester M. Fairchild, the appellees, wherein it prayed that a certificate whereby the secretary of the interior certified certain lands to the state of Iowa, and a patent for said lands subsequently granted by the state to the Des Moines…

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Appeal from the Circuit Court of the United States for the Northern District of Iowa. On March 6, 1893, the United States of America exhibited its amended bill of complaint against the Des Moines Valley Railroad Company, James O. West, and Sylvester M. Fairchild, the appellees, wherein it prayed that a certificate whereby the secretary of the interior certified certain lands to the state of Iowa, and a patent for said lands subsequently granted by the state to the Des Moines Valley Railroad Company, and several mesne conveyances whereby said lands had ultimately been conveyed to James O.…

1Opinion of the CourtThayer, Circuit Judge

The circuit court reached the conclusion — in which view we fully concur — that this action was brought for the sole purpose of quieting the title to a specific tract of land, which is claimed, on one hand, by the defendant Fairchild by virtue of his homestead entry, and, on the other hand, by the defendant West by virtue of the certification of the land to the state of Iowa on June 14,1866, and the patent therefor which was subsequently granted by the state to the Des Moines Valley Railroad Company. It is clear, we think, that the government has no interest in the land to be either conserved…

2Cases cited11 opinions

  1. United States v. San Jacinto Tin Co.Supreme Court of the United States · 1888
  2. United States v. BeebeSupreme Court of the United States · 1888
  3. United States v. Des Moines Navigation & Railway Co.Supreme Court of the United States · 1892
  4. Wolcott v. Des Moines Co.Supreme Court of the United States · 1867
  5. Simmons v. WagnerSupreme Court of the United States · 1880

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3Cited by10 opinions

  1. Taylor v. SturgellSupreme Court of the United States · 2008
  2. Chicago, Rock Island & Pacific Railway Co. v. SchendelSupreme Court of the United States · 1926
  3. Aerojet-General Corp. v. AskewCourt of Appeals for the Fifth Circuit · 1975
  4. United States v. Atlantic Coast Line R.District Court, E.D. North Carolina · 1913
  5. Robison v. SidebothamCourt of Appeals for the Ninth Circuit · 1957

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