Legal Opinion

Burlington & Missouri River Railroad v. Hayne

Supreme Court of Iowa

Decided June 26, 1865PublishedCited by 3 opinions

Appeal from Wapello District Court. On the 15th- of May, 1856, an act of congress was approved, granting to this State, lands in aid of the construction' of certain lines of railroad, including that of the plaintiff.

Read the full summary

Appeal from Wapello District Court. On the 15th- of May, 1856, an act of congress was approved, granting to this State, lands in aid of the construction' of certain lines of railroad, including that of the plaintiff. By an act of the General Assembly of this State, approved July 14th, 1856, these lands were accepted, and granted at that date to the several railroad companies therein mentioned, coupled with the rights, powers, privileges and conditions that were annexed to the congressional grant. By a supplemental act, passed January, 1857, for the purpose of carrying out the objects, of said…

1Opinion of the CourtCole, J.

i ruin*andí:: taxation. IJpon the argument of this cause, it was suggested that there might be a doubt, upon the avermentthe whether the plaintiff had fully performed the conditions annexed to the grant,' gQ ag ^ entitled to the fee in the lands taxed.

The counsel for the plaintiff, therefore, stated that it was the purpose of the pleader to so state, and that the conditions were not only performed by constructing the road through these lands, but the same had been properly certified to the plaintiff, after certificate of completion of the railroad through them, by the governor of Iowa, and…

2Cases cited2 opinions

  1. Weston and Others v. the City Council of CharlestonSupreme Court of the United States · 1829
  2. New York Ex Rel. Bank of Commerce v. Commissioners of TaxesSupreme Court of the United States · 1863

3Cited by3 opinions

  1. Tucker v. FergusonSupreme Court of the United States · 1875
  2. Sioux City & St. Paul R. v. County of OsceolaSupreme Court of Iowa · 1876
  3. State v. PorterSupreme Court of Iowa · 1906

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API