Railroad Co. v. Fremont County
Supreme Court of the United States
In error to the Supreme Court of Iowa. Fremont County, Iowa, filed a bill in one of the State courts of Iowa against the Burlington and Missouri River Railroad Company, to quiet the title to twelve thousand seven hundred and fifty-four acres of land, or thereabouts, situate in the said county, which the company claimed as belonging to it. Both parties set up title under grants by acts of Congress: Fremont County, under what is known as “the swamp-land grant” to the.
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In error to the Supreme Court of Iowa. Fremont County, Iowa, filed a bill in one of the State courts of Iowa against the Burlington and Missouri River Railroad Company, to quiet the title to twelve thousand seven hundred and fifty-four acres of land, or thereabouts, situate in the said county, which the company claimed as belonging to it. Both parties set up title under grants by acts of Congress: Fremont County, under what is known as “the swamp-land grant” to the. State of Iowa, September 28th, 1850 ;* the railroad company, under a grant to the State for aid in the construction of…
1Opinion of the CourtJustice Nelson
It will be seen from an examination of the grant made to the railroad company by the act of May 15th, 1856, that the reservations annexed to it are very full and explicit. They are first found in the enacting clause itself, where provision is made for the selection of lands beyond the lines of the six sections on each side of the road, in case any of the sections have been previously “ sold or otherwise disposed of;” and then again in the general proviso to the grant. These reservations clearly embrace the previous grant of the swamp and overflowed lauds for the purpose of enabling the States…
2Cited by1 opinion
- Railroad Company v. Fremont CountySupreme Court of the United States · 1870