Northern Pacific Railway Co. v. Townsend
Supreme Court of the United States
ERROR TO THE SUPREME COURT OF THE STATE OF MINNESOTA. This controversy concerns the validity of an asserted title, by adverse possession, to a portion of the right of way in Wadena County, Minnesota, granted to the Northern Pacific Railroad Company, its successors and assigns, by the second section of the act of Congress, approved July 2,1864. 13 Stat. 365. The plaintiff in error, the Northern Pacific Railway Company, a corporation of the State of Wisconsin, acquired the…
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ERROR TO THE SUPREME COURT OF THE STATE OF MINNESOTA. This controversy concerns the validity of an asserted title, by adverse possession, to a portion of the right of way in Wadena County, Minnesota, granted to the Northern Pacific Railroad Company, its successors and assigns, by the second section of the act of Congress, approved July 2,1864. 13 Stat. 365. The plaintiff in error, the Northern Pacific Railway Company, a corporation of the State of Wisconsin, acquired the railroad and property of the former named company on or about August 31, 1896, by purchase at a sale under foreclosure of…
1Opinion of the CourtJustice White
At the .outset, we premise that, as the grant of the right of way, the filing of the map of definite location, and the construction of the railroad within the quarter section in question preceded the filing of the homestead entries on such section, the land forming the right of way therein was taken out of the category .of public.lands subject to preemption and sale, and the land department was therefore without authority to convey rights therein. It follows that the homesteaders acquired no interest in the land within the- right of way because of the fact that the grant to them was of the…
2Cases cited5 opinions
- Shively v. BowlbySupreme Court of the United States · 1894
- Grand Trunk Railroad v. RichardsonSupreme Court of the United States · 1876
- Packer v. BirdSupreme Court of the United States · 1891
- Railroad Co. v. BaldwinSupreme Court of the United States · 1881
- New Mexico v. United States Trust Co.Supreme Court of the United States · 1898
3Cited by211 opinions
- Union Pacific Railroad v. Laramie Stock Yards Co.Supreme Court of the United States · 1913
- Great Northern Railway Co. v. United StatesSupreme Court of the United States · 1942
- Barahona v. Union Pacific RailroadCourt of Appeals for the Ninth Circuit · 2018
- United States v. Union Pacific RailroadSupreme Court of the United States · 1957
- Wichelman v. MessnerSupreme Court of Minnesota · 1957
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