United States v. Godwin
Montana Supreme Court
Appeal from District Court, Madison County. The appellant insists that until there, is a survey and segregation of the land belonging to the railroad com■pany, the control of the same remains in the appellant, and that the title of the whole tracts rests with appellant in trust for the railroad company, subject to be defeated by the failure on the part of said company to comply with the requirements of its charter.
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Appeal from District Court, Madison County. The appellant insists that until there, is a survey and segregation of the land belonging to the railroad com■pany, the control of the same remains in the appellant, and that the title of the whole tracts rests with appellant in trust for the railroad company, subject to be defeated by the failure on the part of said company to comply with the requirements of its charter. Northern Pacific R. R. Co. v. Trail Co., 115 U. S. 600; Railroad Co. v. Prescott, 16 Wall. 603; Railroad Co. v. McShanc, 22 Wall. 462. It is only necessary that the United States…
1Opinion of the CourtBach, J.
This action is brought under the act of February 25, 1885, entitled “An act to prevent unlawful occupancy of public lands,” to compel the defendant to remove his fences from certain lands alleged to be a part of the public domain.
The answer admits that the defendant has fenced 190 acres of land situated in Madison County, Montana, and alleges that 167 acres of said land belong to the defendant by virtue of a grant from the Northern Pacific Railroad Company, although the defendant has been unable to procure the title of said company thereto by reason of the failure of the plaintiff to cause…
2Cases cited3 opinions
- United States v. WilliamsMontana Supreme Court · 1887
- Northern Pacific R. R. v. MajorsMontana Supreme Court · 1884
- Northern Pacific Railroad v. LillyMontana Supreme Court · 1886
3Cited by1 opinion
- Northern Pacific Railway Co. v. SmithMontana Supreme Court · 1921