Barlow v. Northern Pacific Railway Co.

Citations

• 240 U.S. 484
• 36 S. Ct. 456
• 60 L. Ed. 760
• 1916 U.S. LEXIS 1474

Syllabus

<p>Under the Right of Way Act of March 3, 1875, e. 152, 18 Stat. 482, the rights of a railroad company entitled to the benefit of the act are paramount over those of a homestead entryman holding a patent of the United States in consequence of rights initiated after the line was in course of construction, but before the map of the right of way had been filed in local land office. Jamestown & Northern R. R. v. Jones, 177 U. S. 125, followed and Minn., St. Paul &c. By. v. Doughty, 208 U. S. 251, distinguished.</p> <p>26 N. Dak. 159, affirmed.</p>