Medbury v. United States
Supreme Court of the United States
APPEAL FROM THE COURT OF CLAIMS. The appellant herein filed her petition in the Court of Claims and sought to recover judgment by virtue of the provisions of the act approved June 16, 1880, c. 244, 21 Stat. 287. The Attorney General denied all the allegations of the petition, and the case was tried by the court upon the following agreed statement of facts: Congress made a grant of lands to the Wisconsin Central Railroad Company by the act of May 5, 1864, c. 80, 13 Stat. 66,…
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APPEAL FROM THE COURT OF CLAIMS. The appellant herein filed her petition in the Court of Claims and sought to recover judgment by virtue of the provisions of the act approved June 16, 1880, c. 244, 21 Stat. 287. The Attorney General denied all the allegations of the petition, and the case was tried by the court upon the following agreed statement of facts: Congress made a grant of lands to the Wisconsin Central Railroad Company by the act of May 5, 1864, c. 80, 13 Stat. 66, which 'contained the condition that the railroad should be built as therein, provided. After the grant the price of the…
1Opinion of the Court
Mk. Justice Peckham,
after stating the facts, delivered the opinion of the court.
Two questions arise in this case: (1) "Whether the Court of Claims had jurisdiction of the claim; and (2) if it bad, what is the true construction, of the act of June 16, 1880, requiring the repayment To the purchaser, of the excess of-$1.25 per acre where the land purchased has afterwards been found not to. be within the limits of a railroad land grant.
The ground upon which the learned Court of Claims decided that it had no jurisdiction in the case was that the remedy afforded by the act of 1880 to obtain the…
2Cases cited4 opinions
- Nichols v. United StatesSupreme Court of the United States · 1869
- United States v. KaufmanSupreme Court of the United States · 1878
- United States v. American Tobacco Co.Supreme Court of the United States · 1897
- United States v. Savings BankSupreme Court of the United States · 1882
3Cited by57 opinions
- Dooley v. United StatesSupreme Court of the United States · 1901
- United States v. BabcockSupreme Court of the United States · 1919
- Dismuke v. United StatesSupreme Court of the United States · 1936
- Silberschein v. United StatesSupreme Court of the United States · 1924
- United States v. HvoslefSupreme Court of the United States · 1915
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