Northern Pacific Company v. Mussersauntry Land Logging Manufacturing

by David Josiah Brewer

United States Supreme Court

168 U.S. 604

Northern Pacific Company  v.  Mussersauntry Land Logging Manufacturing

The facts in this case are as follows: On June 3, 1856, congress made a grant to the state of Wisconsin to aid in the construction of a railroad of every alternate section of land designated by odd number , for six sections in width, on each side of the line, with the right to select indemnity within 15-mile limits. 11 Stat. 20. The line of this road was definitely fixed September 20, 1858. This grant was enlarged by the act of May 5, 1864 (13 Stat. 66), to one of ten alternate sections on each side per mile, with indemnity limits extended to 20 miles from the line of the road. The Chicago, St. Paul, Minneapolis & Omaha Railway Company, one of the defendants herein, became the beneficiary of this grant. The road was afterwards constructed, and the lands in controversy are more than 15 but less than 20 miles from the line of definite location and construction. In March, 1866, the lands within the indemnity limits nemed in the act of 1864 were by the secretary of the interior withdrawn from sale, and nitice thereof given to the local land officers. This withdrawal remained unrescinded and unaltered until 1889. In 1883 the defendant railway company selected the lands in controversy in lieu of lands lost in its place limits. These selections were approved by the local land officers, and transmitted to the commissioner of the general land office for his approval. In the same year, the state of Wisconsin issued patents for the lands to that company, which thereafter sold and conveyed them to the grantor of its co-defendant, the land, logging, and manufacturing company. On a readjustment of the land grant, the railway company's title failed, and thereafter the grantee of the railway company purchased them, pursuant to the act of March 3, 1887 (24 Stat. 557).

On the other hand, the Northern Pacific Railroad Company, plaintiff and appellant, on July 2, 1864 (13 Stat. 365, 367), received a grant from congress. The third section of the act making this grant contains this description of the lands granted:

'Every alternate section of public land * * * to the amount of twenty alternate sections per mile, on each side of said railroad line, as said company may adopt, through the territories of the United States, and ten alternate sections of land per mile, on each side of said railroad whenever it passes through any state, and whenever, on the line thereof, the United States have full title, not reserved, sold, granted, or otherwise appropriated, and free from pre-emption, or other claims or rights, at the time the line of said road is definitely fixed, and a plat thereof filed in the office of the commissioner of the general land office; and whenever, prior to said time, any of said sections or parts of sections shall have been granted, sold, reserved, occupied by homestead settlers, or pre-empted, or otherwise disposed of, other lands shall be selected by said company in lieu thereof.'

On July 30, 1870, plaintiff fixed the general route of its road, and filed plats thereof with the secretary of the interior. On August 13, 1870, a withdrawal of the lands within 20 miles of this route was ordered in aid of the grant. On July 6, 1882, plaintiff definitely fixed that portion of its line opposite these lands. They are within the limits of the above-mentioned withdrawal, and also within the place limits of plaintiff's grant, as those limits were adjusted and fixed according to the map of definite location. Relying upon the title acquired by this grant, and the proceedings had thereunder, as above described, the plaintiff filed its bill on May 3, 1893, in the circuit court of the United States for the Western district of Wisconsin, to restrain the issue of patents to the manufacturing company, and to quiet its own title. A demurrer to this bill was, in May, 1894, sustained, and a decree entered dismissing the bill. On appeal to the court of appeals for the Seventh circuit this decree was affirmed (34 U.S. App. 66, 16 C. C. A. 97, and 68 Fed. 993), and thereupon the plaintiff brought the case to this court for review.

C. W. Bunn, for appellants.

Thos. Wilson, for appellees.

Mr. Justice BREWER, after stating the facts in the foregoing language, delivered he opinion of the court.

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