Wagstaff v. Collins
Court of Appeals for the Eighth Circuit
. Appeal from the Circuit Court of the United States for the District of Colorado. This case was disposed of in the lower court upon demurrer to the amended bill of complaint, the complaint having been adjudged insufficient to warrant any relief.
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. Appeal from the Circuit Court of the United States for the District of Colorado. This case was disposed of in the lower court upon demurrer to the amended bill of complaint, the complaint having been adjudged insufficient to warrant any relief. The bill was filed by Daniel R. Wagstaff, Marilla J. Wagstaff, Isabella Wagstaff, Lelah Wagstaff Liebe, Lotta Fern Wagstaff, and Charity J. Goss, the appellants, against Samuel G. Collins, Sewell T. Collins, Michael Spangler, William D. Todd, the Kansas Pacific Railway Company, and the Union Pacific Railway Company,' the appellees, and the case…
1Opinion of the CourtThayer, Circuit Judge
In view of tlie averments of the amended bill of complaint, it must be assumed that the land in controversy was properly patented to the Kansas Pacific Railway Company under the rule which prevailed in the land department, and in accordance with which it acted in construing all grants in favor of railroad companies until the promulgation, on March 2, 1885, of the decision in Railway Co. v. Dunmeyer, 113 U. S. 629, 5 Sup. Ct. 566. Prior to the last-mentioned date, the doctrine prevailed that the existence of a pre-emption claim against a tract of land at the time a railroad grant attached…
2Cases cited8 opinions
- Frisbie v. WhitneySupreme Court of the United States · 1870
- Kansas Pacific Railway Co. v. DunmeyerSupreme Court of the United States · 1885
- Hutchings v. LowSupreme Court of the United States · 1873
- United States v. Winona & St. Peter RailroadSupreme Court of the United States · 1897
- Shiver v. United StatesSupreme Court of the United States · 1895
3 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- King v. McAndrewsCourt of Appeals for the Eighth Circuit · 1901
- James W. Haley v. Fred A. Seaton, Secretary of the InteriorCourt of Appeals for the D.C. Circuit · 1960
- United States v. HansonCourt of Appeals for the Ninth Circuit · 1909
- Oregon Short Line Railroad v. QuigleyIdaho Supreme Court · 1905
- United States v. KruegerCourt of Appeals for the Eighth Circuit · 1915
3 more not listed; retrieve them via the Exa API.