Legal Opinion

Missouri, Kansas & Texas Railway Co. v. Cook

Supreme Court of the United States

Decided May 25, 1896No. 173PublishedCited by 10 opinions

ERROR TO THE SUPREME COURT OF THE STATE OF KANSAS. This was an action of ejectment brought by the Missouri, Kansas and Texas Railway Company, a corporation of the State of Kansas, and the Missouri Pacific Railway Company, a corporation of Missouri, in the District Court of Labette County, Kansas, August 17,1887, against J. B. Cook and L. H. Printz, to recover possession of certain real estate situated in the city of Chetopa in that county, and described in the petition.

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ERROR TO THE SUPREME COURT OF THE STATE OF KANSAS. This was an action of ejectment brought by the Missouri, Kansas and Texas Railway Company, a corporation of the State of Kansas, and the Missouri Pacific Railway Company, a corporation of Missouri, in the District Court of Labette County, Kansas, August 17,1887, against J. B. Cook and L. H. Printz, to recover possession of certain real estate situated in the city of Chetopa in that county, and described in the petition. Defendants filed a general denial. The case was tried by the court on an agreed statement of facts, and judgment rendered…

1Opinion of the CourtChief Justice Fullee

Plaintiff claimed the premises in question as a part of its right of way, under and by virtue of the act of Congress approved July 26, 1866, entitled “An act granting lands to the State of Kansas to aid in the. construction of a Southern branch of the Union Pacific Bailway and Telegraph, from Fort Biley, Kansas, to Fort Smith, Arkansas.” 14 Stat. 289, c. 270.

By this act five alternate sections of land per mile on each side of the road were granted to the State of Kansas for the use and benefit of the railroad company, and in case it appeared that the United States had “ when the line of said…

2Cases cited6 opinions

  1. Kansas Pacific Railway Co. v. DunmeyerSupreme Court of the United States · 1885
  2. Railroad Co. v. BaldwinSupreme Court of the United States · 1881
  3. Van Wyck v. KnevalsSupreme Court of the United States · 1882
  4. United States v. Southern Pacific RailroadSupreme Court of the United States · 1892
  5. Washington & Idaho Railroad v. Cœur D'Alene Railway & Navigation Co.Supreme Court of the United States · 1895

1 more not listed; retrieve them via the Exa API.

3Cited by10 opinions

  1. Stuart v. Union Pacific RailroadSupreme Court of the United States · 1913
  2. Stuart v. Union Pac. R.Court of Appeals for the Eighth Circuit · 1910
  3. H. A. & L. D. Holland Co. v. Northern Pac. Ry. Co.Court of Appeals for the Ninth Circuit · 1914
  4. Missouri, Kansas & Texas Railway Co. v. WatsonSupreme Court of Kansas · 1906
  5. Nielsen v. Northern Pac. R.Court of Appeals for the Ninth Circuit · 1911

5 more not listed; retrieve them via the Exa API.

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