Northern Pacific Railway Co. v. Spray

Citations

• 27 Wash. 1
• 67 P. 377
• 1901 Wash. LEXIS 454

Syllabus

<p>PUBLIC LANDS-ISSUANCE OE PATENT-JURISDICTION OE COURTS.</p> <p>The inadvertent issuance of a patent to public lands while a contest is pending puts an end to the jurisdiction of the department, and tne contestant whose rights are undetermined is entitled to resort to the courts to establish them.</p> <p>SAME-RAILROAD LAND GRANT — INDEMNITY LANDS — RIGHTS OE ENTRYMAN.</p> <p>Under the land grant to the Northern Pacific Railroad Company of indemnity lands in case of the prior selection of lands within the place limits by settlers thereon, such grant as to lieu lands takes effect only after the company has actually made a valid selection thereof in place of lands lost under the original grant, and such lieu lands remain open to settlement any time prior to their selection by the railroad company and approval by the land department.</p>