Jackman v. Atchison, T. & S. F. R. Co.
New Mexico Supreme Court
Appeal from District Court, Dona Ana County; Med-ler, Judge. Suit by Royal Jackman against tlie Atchison, Topeka & Santa Fe Railroad Company. Judgment for defendant, and plaintiff appeals. Act of Congress granting right of way expressly excepted lands reserved from sale, and court cannot extend act to apply to reserved lands. Swift v. Luce, 27 Me. (14 Shep.) 285; in re Hughes, 1 Bland.' 46; in re Ticknor’s Estate, 13 Mich. 44; Tompkins v. First Nat.
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Appeal from District Court, Dona Ana County; Med-ler, Judge. Suit by Royal Jackman against tlie Atchison, Topeka & Santa Fe Railroad Company. Judgment for defendant, and plaintiff appeals. Act of Congress granting right of way expressly excepted lands reserved from sale, and court cannot extend act to apply to reserved lands. Swift v. Luce, 27 Me. (14 Shep.) 285; in re Hughes, 1 Bland.' 46; in re Ticknor’s Estate, 13 Mich. 44; Tompkins v. First Nat. Bank, 18 N. Y. S. 234; Hadden v. The Collector, 72 U. S. 107 • in re Election of Executive Officers, 47 N. W. 923; State v. Reneau, 106 N. W.…
1Opinion of the Court
OPINION OP THE COURT.
ROBERTS, J.
The appellant brought suit against the appellee to quiet title to certain described real estate. He claimed the land by virtue of a patent issued by the land office to 160 acres of land, which patent he contended embraced the land in dispute. The patent was issued to William F. Higgins on June 10, 1892, and noted thereon were the words: “Subject to the right of way of the A. T. & S. F. Ry. Co.” Appellant derived title to the land by conveyance from the predecessor in interest to the patentee. Appellee clainis the land in dispute under the provisions of the act…
2Cases cited56 opinions
- Ex Parte Tobias WatkinsSupreme Court of the United States · 1830
- In Re SawyerSupreme Court of the United States · 1888
- Smelting Co. v. KempSupreme Court of the United States · 1882
- Johnson v. TowsleySupreme Court of the United States · 1871
- Noble v. Union River Logging RailroadSupreme Court of the United States · 1893
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3Cited by1 opinion
- Dugan v. MontoyaNew Mexico Supreme Court · 1918