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…
1DissentMaxwell, J.
I am unable to give my assent to the opinion of the majority of the court for the following reasons:
*125The plaintiff is the owner of the north-east quarter of section 20, township 8, range 1 east, and the defendant’s railroad runs across the same in a diagonal manner, taking a strip about 200 feet in width by more than half a mile in length, the whole amount of land taken being in excess of 12 acres. Rider acquired title as follows:
On the 14th of June, 1870, one John Englebright filed a declaratory pre-emption statement alleging settlement on the 7th of that month. He made final proof and…
2Cases cited3 opinions
- McGee v. MathisSupreme Court of the United States · 1866
- State v. Norwalk & Danbury Turnpike Co.Supreme Court of Connecticut · 1834
- Koenig v. Omaha & North Western RailroadNebraska Supreme Court · 1874