Legal Opinion

Platt v. Union Pacific Railroad

Supreme Court of the United States

Decided April 21, 1879No. 885PublishedCited by 196 opinions

This was a bill in equity filed Sept. 28,1878, by William H. Platt, to enjoin tbe Union Pacific Railroad Company from prosecuting an action of ejectment which it brought against him the twenty-third day of that month, for the recovery of a certain quarter-section of land situate in the county of Hall and State of Nebraska, whereof he was in possession, claiming the equitable title' thereto. The company answered. The case was heard upon the pleadings, and the bill dismissed.

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This was a bill in equity filed Sept. 28,1878, by William H. Platt, to enjoin tbe Union Pacific Railroad Company from prosecuting an action of ejectment which it brought against him the twenty-third day of that month, for the recovery of a certain quarter-section of land situate in the county of Hall and State of Nebraska, whereof he was in possession, claiming the equitable title' thereto. The company answered. The case was heard upon the pleadings, and the bill dismissed. Platt appealed here. Platt entered upon the land in the year 1874, and thereafter remained in possession. He made…

1Opinion of the CourtJustice Strong

If it be conceded that the complainant has complied with all the conditions prescribed by the acts of Congress for the acquisition by a pre-emptioner of an equitable title to a portion of the public lands, the question still remains, whether the land which he claims was open to pre-emption when- his settlement, was made. It is confessedly a part of the lands which the United States granted to the Union Pacific Railroad Company by the act of July 1, 1862. 12 Stat. 489.

The third section 1 of the act contains words of present grant, but the fourth section enacted that on the completion of each…

2Cases cited4 opinions

  1. United States v. Union Pacific RailroadSupreme Court of the United States · 1875
  2. Gates v. SalmonCalifornia Supreme Court · 1868
  3. People v. BurnsMichigan Supreme Court · 1858
  4. Dearborn v. Inhabitants of BrooklineMassachusetts Supreme Judicial Court · 1867

3Cited by196 opinions

  1. Bailey v. United StatesSupreme Court of the United States · 1995
  2. Louisville & Nashville Railroad v. MottleySupreme Court of the United States · 1911
  3. United States v. KatzSupreme Court of the United States · 1926
  4. Hamilton v. RathboneSupreme Court of the United States · 1899
  5. State ex rel. Attorney General v. CunningamWisconsin Supreme Court · 1892

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