Northern Pacific R. R. v. Majors
Montana Supreme Court
Appeal from Third District, Lewis and Clarke County. This is an appeal from a judgment entered in favor of the plaintiff. The opinion states the facts.
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Appeal from Third District, Lewis and Clarke County. This is an appeal from a judgment entered in favor of the plaintiff. The opinion states the facts. I. The plaintiff’s complaint herein is insufficient, because it does not show any such title in plaintiff, by grant or patent from the United States, as carries with it “livery of seizin,” nor is there any allegation of actual prior possession which, without such grant or patent, would sustain his action of ejectment. 2. The words in section 3 of the charter of the N. P. E. E. Co. which, unexplained, would import a grant in prcesenti, are…
1Opinion of the CourtGalbraith, J.
This is an appeal from an order overruling a demurrer to the complaint. The demurrer avers, *122as the only ground therefor, that the complaint does not state facts sufficient to constitute a cause of action. The complaint alleges, in substance, that by section 3 of an act of congress entitled “An act granting lands to aid in the construction of a railroad and telegraph line from Lake Superior to Puget Sound, on the Pacific coast, by the northern route,” approved July 2, 1864, there was granted to the respondent every alternate section of public land, not mineral, designated by odd numbers, to…
2Cases cited13 opinions
- Fletcher v. PeckSupreme Court of the United States · 1810
- Leavenworth, Lawrence, & Galveston Railroad v. United StatesSupreme Court of the United States · 1876
- Grignon's Lessee v. ASTORSupreme Court of the United States · 1844
- Schulenberg v. HarrimanSupreme Court of the United States · 1875
- TERRETT & OTHERS v. Taylor & OthersSupreme Court of the United States · 1815
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3Cited by12 opinions
- Lovelace v. HightowerNew Mexico Supreme Court · 1946
- Wills v. MorrisMontana Supreme Court · 1935
- Murray v. City of ButteMontana Supreme Court · 1887
- Murray v. PolglaseMontana Supreme Court · 1899
- Northern Pacific Railway Co. v. SmithMontana Supreme Court · 1921
7 more not listed; retrieve them via the Exa API.