Dubuque & Sioux City Railroad v. Des Moines Valley Railroad

Citations

• 109 U.S. 329
• 3 S. Ct. 188
• 27 L. Ed. 952
• 1883 U.S. LEXIS 974

Syllabus

<p>Indian Titles — lowa—Land Grants — Railroads.</p> <p>Previous decisions of this court have settled: 1. That the grant of lands in 1846 to Iowa Territory for the improvement of- the' Des Moines River did not extend above the Raccoon Fork. 2. That the odd numbered sections within five miles of the river above Raccoon Fork and below the east branch, to which Indian' title had been extinguished, did not pass under the act of 1856, granting lands to Iowa to aid in the construction-of railroads. 3.' That the act of 1862 transferred the title .from the United States and vested -it in Iowa for the use of its grantees under the river grant.</p> <p>The court now decides: 4. That when the act of 1862 took effect, there was no Indian title in the way of the grant, and the title of the defendants in error in this suit was perfected. 5. That the reservation made by the executive under the act of 1846 is to have effect according to its terms, and not according to any mistaken interpretation which may at some time have been given to it.</p>