Legal Opinion

United States v. New Orleans Pac. Ry. Co. (Three Cases)

Supreme Court of the United States

Decided December 23, 1918No. 164, 165, 166PublishedCited by 19 opinions

APPEALS PROM THE CIRCUIT COURT OF APPEALS FOR THE FIFTH CIRCUIT. The cases are stated in the opinion. The United States has the capacity to maintain these suits because of its obligation to the interveners and its duty to the public. The effect of the Act of February 8, 1887, was to reserve from the grant and except from the railroad patents the lands in question for the benefit of the interveners.

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APPEALS PROM THE CIRCUIT COURT OF APPEALS FOR THE FIFTH CIRCUIT. The cases are stated in the opinion. The United States has the capacity to maintain these suits because of its obligation to the interveners and its duty to the public. The effect of the Act of February 8, 1887, was to reserve from the grant and except from the railroad patents the lands in question for the benefit of the interveners. The suits are not barred by limitation, because: (a) The suits are to establish title by enforcing an exception rather than to vacate or annul patents. (6) The lands are not claimed by the…

1Opinion of the CourtJustice Van Devantek

These suits are so related, that they may be disposed of in a single opinion. Three tracts of land in Vernon Parish, Louisiana, each containing one hundred sixty acres, are in controversy — one in each suit. All are in odd-numbered sections within the limits of the grant of March 3,1871, to the New Orleans, Baton Rouge and Vicksburg Railroad Company, c. 122, 16 Stat. 573, — one being within the primary and two within the indemnity limits. All were patented under the grant and afterwards sold by the patentee, the purchasers paying a fair price. Through successive sales the title under the…

2Cases cited9 opinions

  1. Heckman v. United StatesSupreme Court of the United States · 1912
  2. United States v. San Jacinto Tin Co.Supreme Court of the United States · 1888
  3. United States v. BeebeSupreme Court of the United States · 1888
  4. United States v. American Bell Telephone Co.Supreme Court of the United States · 1888
  5. Hamblin v. Western Land Co.Supreme Court of the United States · 1893

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3Cited by19 opinions

  1. United States v. MinnesotaSupreme Court of the United States · 1926
  2. La Motte v. United StatesSupreme Court of the United States · 1921
  3. Independent Coal & Coke Co. v. United StatesSupreme Court of the United States · 1927
  4. United States v. New Orleans Pacific R. Co.Supreme Court of the United States · 1919
  5. Poka v. HoliHawaii Supreme Court · 1960

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