Hamblin v. Western Land Co.

Citations

• 147 U.S. 531
• 13 S. Ct. 353
• 37 L. Ed. 267
• 1893 U.S. LEXIS 2182

Syllabus

<p>There must be at least color of ground for the averment of a Federal question in a case brought here by writ of error to the highest court of a State; in order to give this court jurisdiction.</p> <p>When a line of a land grant railroad as located does not satisfy the terms of the granting act, whether the Land Department may not consider it as a temporary and provisional one, qucere.</p> <p>A reservation of public land from entry, made by the Department of the Interior as 'coming within the limits of a railroad grant, operates to withdraw the land from homestead entries, even if found afterwards not to come within such limits.</p> <p>A valid homestead entry could not be made upon indemnity lands of the Sioux City & St. Paul Railroad Company after.the patent from the United States to the State of Iowa, issued June 17, 1873, under the act of May 12, 1864, 13 Stat. 72, c. 84.</p>