Elling v. Thexton
Montana Supreme Court
Appeal from District Court, Madison County. The lands in the indemnity limit are granted to the company when selected by the company under the direction of the Secretary of the Interior, as absolutely as are the lands within the limits of the grant proper.
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Appeal from District Court, Madison County. The lands in the indemnity limit are granted to the company when selected by the company under the direction of the Secretary of the Interior, as absolutely as are the lands within the limits of the grant proper. There is nothing in the law (Act of July 2, 1864) requiring selections made to be accompanied by a statement of the specific tracts in lieu of which they are selected, and the court will take judicial notice of .the fact that many millions of acres of lands included in this grant are lost to the Northern Pacific Railroad Company in Indian…
1Opinion of the CourtMcConnell, C. J.
This is an action in the nature of an action of ejectment, andj in addition, brought to recover damages for trespasses, and to obtain an injunction restraining the defendant from the commission of *334future trespasses. The cause was tried by the court, and the special findings of facts furnish the best history of the case we can give. They are as follows: —
“ 1. The plaintiffs, at the times in the pleadings specified, derived all their right, title, and interest in and to the land mentioned in the pleadings by virtue of a deed of warranty from the Northern Pacific Railroad Company, a corporation…
2Cases cited6 opinions
- Kansas Pacific Railroad v. Atchison, Topeka & Santa Fe RailroadSupreme Court of the United States · 1884
- St. Paul & Sioux City Railroad v. Winona & St. Peter RailroadSupreme Court of the United States · 1885
- Grinnell v. Railroad Co.Supreme Court of the United States · 1881
- Ryan v. Railroad Co.Supreme Court of the United States · 1879
- Cedar Rapids & Missouri River Railroad v. HerringSupreme Court of the United States · 1884
1 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Grandin v. LaBarNorth Dakota Supreme Court · 1891