State v. Boston, Concord & Montreal Railroad
Supreme Court of Vermont
This is an information, filed by tbe State’s Attorney for tbe county of Orange, praying for a writ of quo warranto against the defendants, who are a railroad corporation just going into operation in the State of New Hampshire.
Read the full summary
This is an information, filed by tbe State’s Attorney for tbe county of Orange, praying for a writ of quo warranto against the defendants, who are a railroad corporation just going into operation in the State of New Hampshire. It is averred in the information, that the defendants have, without authority from this State, erected a railroad bridge across Connecticut River, and extending within this State, and that they have purchased and hold deeds of land within this State, — and that they occupy and use said bridge and land, claiming right to do so, and claiming to be owners in fee of the…
1Opinion of the Court
The opinion of the court was delivered by
Redfield, Ch. J.
This case has been argued, to some extent, upon both sides, upon the ground of an analogy, or supposed analogy, between the case of land owned by a foreign railroad corporation, and that of lands held by aliens.
I. As a preliminary proposition, we may safely assume, we think, that the escheating of the lands of aliens to the State sovereignty, would be the very last remedy to which they would desire to resort, and that such a resort would only be made to avert some serious impending public calamity. Our titles are all allodial, in fact,…
2Cases cited1 opinion
- Day v. Essex County BankSupreme Court of Vermont · 1841
3Cited by27 opinions
- Sei Fujii v. State of CaliforniaCalifornia Supreme Court · 1952
- Santa Clara Female Academy v. SullivanIllinois Supreme Court · 1886
- Thompson v. WatersMichigan Supreme Court · 1872
- State ex rel. Fullerton v. Des Moines City RailwaySupreme Court of Iowa · 1906
- State ex rel. Cates v. Standard Oil Co. of KentuckyTennessee Supreme Court · 1907
22 more not listed; retrieve them via the Exa API.