Legal Opinion

Homestead Company v. Valley Railroad

Supreme Court of the United States

Decided April 28, 1873PublishedCited by 56 opinions

Appeal from the Circuit Court for the District of Iowa; the case beiug thus: On the 8th of August, 1846, Congress granted* to the then Territory, and now State, of Iowa— “For the purpose of aiding said Territory to improve the navigation of the Des Moines River, from its mouth to the Raccoon Fork, so called, in said Territory, one equal moiety, in alternate sections, of the public lands, in a strip five miles in width, on each side of said river.”

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Appeal from the Circuit Court for the District of Iowa; the case beiug thus: On the 8th of August, 1846, Congress granted* to the then Territory, and now State, of Iowa— “For the purpose of aiding said Territory to improve the navigation of the Des Moines River, from its mouth to the Raccoon Fork, so called, in said Territory, one equal moiety, in alternate sections, of the public lands, in a strip five miles in width, on each side of said river.” The second section of this act provided that the lands so granted should not be sold or conveyed by the Territory, nor by any State to be formed…

1Opinion of the CourtJustice Davis

This case presents another phase of the Des Moines River land litigation.

The main question involved in this case is the question of title to the Des Moines River lands, which was settled several years ago by the decision in the cases of Wolcott and Burr, * and in the subsequent and unreported case of Riley v. Wells, adversely to the title set up by the appellants. At the present term of this court, the principles involved in these decisions have been reconsidered and reaffirmed. † It is therefore no longer an open question that neither the State of Iowa nor thé railroad companies, for whose…

2Cited by56 opinions

  1. Stoll v. GottliebSupreme Court of the United States · 1938
  2. Deposit Bank v. FrankfortSupreme Court of the United States · 1903
  3. Des Moines Navigation & Railroad v. Iowa Homestead Co.Supreme Court of the United States · 1887
  4. Litchfield v. Goodnow's AdministratorSupreme Court of the United States · 1887
  5. United States v. Des Moines Navigation & Railway Co.Supreme Court of the United States · 1892

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