Northern Pacific Railroad v. Musser-Sauntry Land, Logging & Manufacturing Co.

Citations

• 168 U.S. 604
• 18 S. Ct. 205
• 42 L. Ed. 596
• 1897 U.S. LEXIS 1749

Syllabus

<p>The withdrawal from sale by the Land Department in March, 1866, of lands within the indemnity limits of the grants of June 3, 1856, and May 5, 1864, to the State of Wisconsin to aid in the construction of a railroad, exempted such lands from the operation of the grant to the Northern Pacific Railroad Company by the act of July 2, 1864 ; though it may be that' a different rule 'would obtain if the grant to the State had been of a later date than that to the Northern Pacific Company.</p> <p>As to plage lands, it is settled that, in case of conflict, the title depends on the dates of the grants, and not on the times of the filing of the maps of definite location. „</p> <p>It is not intended hereby to question the rule that the title to indemnity ' lands dates from selection,' and not from the grant: but all here decided is, that when a withdrawal Of lands within indemnity limits is made in aid of an earlier land grant, and made prior to the filing of the map of definite location by a company having a later grant — the latter having such words of exception and limitation as are found in the grant to the plaintiff— it operates to except the withdrawn lands from the scope of such later grant.</p>