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Rice v. Railroad Company

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eBook details

  • Title: Rice v. Railroad Company
  • Author : United States Supreme Court
  • Release Date : January 01, 1861
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 72 KB

Description

Mr. Noyes, of New York, and Mr. Barbour, of Iowa, for the plaintiffs in error. The act of Congress of June 29, 1854, was per se a grant in presenti to the Territory of Minnesota of all the lands designated by odd numbers within six miles of the contemplated railroad. It also granted an easement or right of way over all the other public lands upon the route of the railroad. Sessieur vs.Price, (12 Howard, 59.) By the terms of the act 'the land is hereby granted to the Territory of Minnesota,' and this phrase is repeated several times. The lands are to be 'held by the Territory,' and in a specified event they shall revert to the United States. Reversion signifies the returning of the land after a particular estate is ended. Jacobs' Law Dict., Tit. Reversion. It is true the 4th section provides, that 'the lands hereby granted to said Territory shall be disposed of only in manner following–that is to say, no title shall vest in the said Territory of Minnesota, nor shall any patent issue,' until certain conditions are performed. But this does not annul the grant of a present interest; it merely qualifies the power of disposal.


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