Barden v. Northern Pacific Railroad
Supreme Court of the United States
EEEOE TO THE CIRCUIT COURT OF THE UNITED STATES FOE THE DISTRICT OF MONTANA. This was au action for the possession of certain parcels of land containing veins or lodes of rock in place bearing gold, silver and other precious metals, situated within section 27 of township 10 north, range 4 west of the principal meridian of Montana, claimed by the Northern Pacific Eailroad Company— the plaintiff below, the defendant in error here — as parts of the land granted to it by the act…
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EEEOE TO THE CIRCUIT COURT OF THE UNITED STATES FOE THE DISTRICT OF MONTANA. This was au action for the possession of certain parcels of land containing veins or lodes of rock in place bearing gold, silver and other precious metals, situated within section 27 of township 10 north, range 4 west of the principal meridian of Montana, claimed by the Northern Pacific Eailroad Company— the plaintiff below, the defendant in error here — as parts of the land granted to it by the act of Congress of July 2, 1864, c. 217, 13 Stat. 365, entitled “An act granting land's to aid in the construction of a…
1Opinion of the CourtJustice Field
*312This action is brought for the possession of certain parcels or lots of mineral land claimed by the plaintiff below — the defendant in error here — as embraced in the grant of the United States of July 2, 1864. The facts constituting the claim of the plaintiff are set forth at length in the complaint, and to their sufficiency the defendants demurred as not constituting a cause of action, or entitling the plaintiff to the relief prayed. The lots are there conceded to be mineral lands, and the grant of the government applies in terms only to lands other than mineral.
To remove any doubt of the…
2Cases cited10 opinions
- Knight v. United States Land Assn.Supreme Court of the United States · 1891
- Leavenworth, Lawrence, & Galveston Railroad v. United StatesSupreme Court of the United States · 1876
- Steel v. Smelting Co.Supreme Court of the United States · 1882
- St. Paul & Pacific Railroad v. Northern Pacific RailroadSupreme Court of the United States · 1891
- Davis's Administrator v. WeibboldSupreme Court of the United States · 1891
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3Cited by150 opinions
- United States v. Detroit Timber & Lumber Co.Supreme Court of the United States · 1906
- Oklahoma v. TexasSupreme Court of the United States · 1922
- Burke v. Southern Pacific RailroadSupreme Court of the United States · 1914
- White v. BurnsSupreme Court of Connecticut · 1990
- Conway v. Town of WiltonSupreme Court of Connecticut · 1996
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