Northern Lumber Co. v. O'BRIEN

Citations

• 204 U.S. 190
• 27 S. Ct. 249
• 51 L. Ed. 438
• 1907 U.S. LEXIS 1519

Syllabus

<p>The grant to the Northern Pacific Railroad Company by the act of July 2, 1864, 13 Stat. 365, was in prcesenti, although title did not attach to specific sections until they were identified-, and the grant only included lands which, on that date, were not-reserved, sold, granted, or otherwise appropriated; it did not include land then included within an existing and lawful withdrawal made in aid of an earlier grant for another road, although prior to the selection by the Northern Pacific it may have appeared that those lands were not within the place limits of the grant for such other road.</p> <p>When a withdrawal order properly made ceases to be in force the lands withdrawn thereunder do not pass under a grant of unreserved, unsold or otherwise unappropriated lands but become part of the public domain to be disposed of’ under the general land laws or acts of Congress specially describing them.</p>