Moore v. Cormode

Citations

• 20 Wash. 305
• 55 P. 217
• 1898 Wash. LEXIS 524

Syllabus

<p>PUBLIC LANDS-GRANT TO NORTHERN PACIFIC RAILROAD—INDEMNITY LANDS-OPERATION OF GRANT—BIGHT OF ENTRY.</p> <p>Under the land grant to the Northern Pacific Railroad Company (13 Stat. at Large, 365) of alternate sections for forty miles on each side of the line as located, and, in case of prior selection by settlers, granting the company the right to select in lieu thereof alternate sections from indemnity lands lying not more than ten miles beyond the original grant of place lands, the grant as to lands in the indemnity limits did not take effect until actually selected by the company, and prior thereto such lands were open to settlement.</p> <p>Under the land grant to the Northern Pacific Railroad Company giving it the right to select lands within certain indemnity limits in case lands within the place limits granted the company have been lost by prior settlement, there must be a finding by the United States land department of a deficiency of the grant within the place limits in order to give the company any standing in a contest between it and settlers over lands lying within the indemnity limits.</p>