Brandon v. Ard

Citations

• 74 Kan. 424
• 87 P. 366
• 1906 Kan. LEXIS 83

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Judgment — Res Judicata. A judgment against the United States in a suit to cancel a patent to a railroad company will not bar a homestead settler from pleading his homestead settlement as a defense in an action in ejectment brought against him by a grantee of the railroad company.</p> <p>2. Public Lands — Grant—Reservation—Withdrawal from Settlement. Where, in a grant of land to a railroad company, there is expressly reserved from its operation all lands to . which the right of preemption or homestead settlement has attached when the line is definitely fixed, the land commissioner, in the absence of express direction by congress, and prior to the definite location of the line, has no authority to issue an order withdrawing from preemption or homestead settlement any of such lands, and such an order, if issued, is nugatory.</p>