Bybee v. Oregon & California Railroad
Supreme Court of the United States
ERROR TO THE CIRCUIT COURT OF THE UNITED STATES FOR THE DISTRICT OF OREGON. This was an action originally begun in the state court for Jackson County, Oregon, and removed to the Circuit Court of the United States upon the petition of the defendant, upon the ground that the case involved the validity of conflicting grants of land from the United States, The plaintiff sued to recover for damages to a water ditch and water right, occasioned by the construction of the…
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ERROR TO THE CIRCUIT COURT OF THE UNITED STATES FOR THE DISTRICT OF OREGON. This was an action originally begun in the state court for Jackson County, Oregon, and removed to the Circuit Court of the United States upon the petition of the defendant, upon the ground that the case involved the validity of conflicting grants of land from the United States, The plaintiff sued to recover for damages to a water ditch and water right, occasioned by the construction of the defendant’s' road. His complaint alleged, in substance, that on the third of September, 1883, he was the owner of an undivided…
1Opinion of the CourtJustice Bbown
Two questions are presented by the record in this case. First, whether the defendant lost the power to take possession of its right of way by its failure to construct its road within the time limited by the acts of Congress. And second, whether it is estopped to claim that it took nothing under its deed from the plaintiff, and may set up a separate and independent title in itself.
1. By section 2 of an act of Congress approved July 25, 1866, entitled “An act granting lands to aid in the construction of a railroad and telegraph line from the Central Pacific-Railroad in California, to Portland,…
2Cases cited18 opinions
- Blight's Lessee v. RochesterSupreme Court of the United States · 1822
- Schulenberg v. HarrimanSupreme Court of the United States · 1875
- Railroad Co. v. BaldwinSupreme Court of the United States · 1881
- Van Wyck v. KnevalsSupreme Court of the United States · 1882
- Robertson v. PickrellSupreme Court of the United States · 1883
13 more not listed; retrieve them via the Exa API.
3Cited by66 opinions
- Buffum v. Peter Barceloux Co.Supreme Court of the United States · 1933
- St. Louis Safe Deposit & Savings Bank v. Kennett EstateMissouri Court of Appeals · 1903
- Atlantic Richfield Co. v. State Ex Rel. Wildlife Conservation CommissionSupreme Court of Oklahoma · 1983
- Horse Creek Conservation District v. Lincoln Land Co.Wyoming Supreme Court · 1939
- Land O' Lakes Dairy Co. v. County of WadenaSupreme Court of Minnesota · 1949
61 more not listed; retrieve them via the Exa API.