Rider v. B. & M. R. R.
Nebraska Supreme Court
Error to the district court for Saline county. Tried below before Weaver, J. 1. The entry made by a pre-emptor, when once consummated by performance of the conditions and payment made, is equivalent to purchase at the date of such location. Therefore the title of Rider and his right to compensation is as though full payment had been made June 7th, 1870. Prior to this date defendant had made no location of its line on these lands.
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Error to the district court for Saline county. Tried below before Weaver, J. 1. The entry made by a pre-emptor, when once consummated by performance of the conditions and payment made, is equivalent to purchase at the date of such location. Therefore the title of Rider and his right to compensation is as though full payment had been made June 7th, 1870. Prior to this date defendant had made no location of its line on these lands. On the contrary it had made a location on a line passing some miles north of these lands, and on that location had obtained the defining of its grant and the…
1Opinion of the Court
Lake, Ch. J.
The controlling principle in this case is not different from that applied by the supreme court of the United States in the case of the St. Joseph & Denver City Railroad Co. v. Baldwin, 103 U. S. Reports, 426. The statute giving the right of way there considered is not essentially different from the one granting the right of way here in controversy. In both statutes, words of present grant are employed to designate the right given. To the St. Joseph & Denver City company, the grant is in these words, viz.: “That the right of way through the public lands be, and the same is hereby…
2Cases cited1 opinion
- Vance v. Burlington & Missouri River RailroadNebraska Supreme Court · 1882
3Cited by1 opinion
- State ex rel. Hahler v. GrimesNebraska Supreme Court · 1914