Oregon Short Line Railroad v. Quigley
Idaho Supreme Court
APPEAL from District Court in and for Bannock County. Honorable Alfred Budge, Judge. STATEMENT oe eacts. The plaintiff commenced this action in the lower court against the defendant to quiet its title to a right of way two hundred feet wide across two adjoining tracts of land of one hundred and sixty acres each, which were originally settled upon by Joseph Hendricks and Andrew Quigley, respectively, The plaintiff, the Oregon Short Line Eailroad Company, is the grantee and…
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APPEAL from District Court in and for Bannock County. Honorable Alfred Budge, Judge. STATEMENT oe eacts. The plaintiff commenced this action in the lower court against the defendant to quiet its title to a right of way two hundred feet wide across two adjoining tracts of land of one hundred and sixty acres each, which were originally settled upon by Joseph Hendricks and Andrew Quigley, respectively, The plaintiff, the Oregon Short Line Eailroad Company, is the grantee and successor to the Htah and Northern Eailway Company. On March 3, 1873, an act of Congress was approved granting a right of…
1Opinion of the CourtAilshie, J.
(After Making Statement of Facts.) — The first question presented for our consideration is: Were the lands in dispute, on June 20, 1878, public lands of the United States *781over which Congress had the power to make such disposition as it saw fit by legislative grant? In this connection it should be remembered that up to that date the settlers, Quigley and Hendricks had performed no act by which to initiate an inchoate right except that of' settlement upon the lands. The power of Congress over the public lands is plenary so long as title thereto remains in the government and no right of property…
2Cases cited30 opinions
- Northern Pacific Railway Co. v. TownsendSupreme Court of the United States · 1903
- Frisbie v. WhitneySupreme Court of the United States · 1870
- Railroad Co. v. BaldwinSupreme Court of the United States · 1881
- People v. SanchezCalifornia Supreme Court · 1864
- Hutchings v. LowSupreme Court of the United States · 1873
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3Cited by16 opinions
- Oregon Short Line Railroad v. StalkerIdaho Supreme Court · 1907
- Seaboard Air Line Railway Co. v. Board of Bond Trustees of Special Road & Bridge District No. 1Supreme Court of Florida · 1926
- McKinney v. SwiftSupreme Court of Oklahoma · 1928
- Fountain v. Lewiston National BankIdaho Supreme Court · 1905
- St. Louis-San Francisco Ry. Co. v. McBrideSupreme Court of Oklahoma · 1924
11 more not listed; retrieve them via the Exa API.