Legal Opinion

Atlantic & Pacific Railroad v. Mingus

Supreme Court of the United States

Decided February 15, 1897No. 100PublishedCited by 40 opinions

ERROR TO THE SUPREME COUET OF THE TERRITORY OF NEW MEXICO. Tuts was an action of ejectment brought by the railroad company in the District Court for San Miguel County, New Mexico, to recover of the defendant Mingus a parcel of land, to which the plaintiff claimed title under its land grant, made by act of Congress of July 27, 1866, c. 278, 14 Stat. 292. Upon the trial it gave evidence tending to show that the land in controversy was part of an odd-numbered section of public'…

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ERROR TO THE SUPREME COUET OF THE TERRITORY OF NEW MEXICO. Tuts was an action of ejectment brought by the railroad company in the District Court for San Miguel County, New Mexico, to recover of the defendant Mingus a parcel of land, to which the plaintiff claimed title under its land grant, made by act of Congress of July 27, 1866, c. 278, 14 Stat. 292. Upon the trial it gave evidence tending to show that the land in controversy was part of an odd-numbered section of public' lands within the primary limits of the grant, and was vacant, and in all respects subject to the grant, both at the…

1Opinion of the CourtJustice Brown

While the value of the land involved in this case is small, the question at issue between the parties affects the validity of the entire land grant of the company adjacent to and coterminous with all that part of the main line of the road not completed. on July 6, 1886. - The case turns wholly upon the validity of the act of that date, forfeiting that portion of the land grant.

Plaintiff claims in this connection that the act was invalid, inasmuch as the United States had failed to perform their own .obligations in two particulars: First, that they not only failed to extinguish the Indian…

2Cases cited23 opinions

  1. Leavenworth, Lawrence, & Galveston Railroad v. United StatesSupreme Court of the United States · 1876
  2. Schulenberg v. HarrimanSupreme Court of the United States · 1875
  3. Fairfax's v. Hunter's LesseeSupreme Court of the United States · 1813
  4. The Cherokee TobaccoSupreme Court of the United States · 1871
  5. Cowell v. Springs Co.Supreme Court of the United States · 1879

18 more not listed; retrieve them via the Exa API.

3Cited by40 opinions

  1. Screws v. United StatesSupreme Court of the United States · 1945
  2. McGirt v. OklahomaSupreme Court of the United States · 2020
  3. United States v. Santa Fe Pacific RailroadSupreme Court of the United States · 1942
  4. Choctaw Nation v. OklahomaSupreme Court of the United States · 1970
  5. Collin v. SmithCourt of Appeals for the Seventh Circuit · 1978

35 more not listed; retrieve them via the Exa API.

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