Northern Pacific Railway Co. v. Wass

*428Mr. Justice Harlan,

with whom concurred

Mr. Justice Day,, dissenting.

This actiomwas instituted in the District Court of Todd County, Minnesota, by the Northern Pacific Railway Company,- a Wisconsin corporation, to recover the possession and damages, for the detention of the southeast quarter of section thirteen, township one hundred and twenty-nine, north of range thirty-two west, situated in the above county.

The answer of the defendant Wass states certain facts both by way of defense and as the basis for an affirmative decree against the Railway Company, declaring that the legal title to the…