Ostrom v. Wood

Citations

• 140 F. 294
• 1905 U.S. App. LEXIS 4792

Syllabus

<p>1. Public Lands — Railroad Grant — Bona Eidb Purchasers.</p> <p>The Legislature of Iowa,' having by act March 16, 1882 (Laws 1882, p. 102, c. 107), resumed title to all unearned lands of the grant to the Sioux City & St. Paul Railroad Company, made by Act Cong. May 12, 1864, c. 84, 13 Stat. 72, to the state, and by the state to the company by Act April 3, 1866 (Laws Iowa 1866, p. 143, c. 134), on account of the default of the company, a purchaser of such lands from the company thereafter could acquire no rights, and is not protected as a bona fide purchaser by section 4 of the adjustment act of March 3, 1887 (24 Stat. 557, e. 376 [U. S. Oomp. St. 1901, p. 1596]), as against one who entered the lands under the land laws of the United States, to which the lands were subsequently relinquished by the state, nor is he entitled to purchase such lands from the United States under section 5; the bona fide character of his purchase from the railroad company being as essential under one section as the other.</p> <p>[Ed. Note. — Bona fide purchasers of public lands, see note to United States v. Detroit Timber & Lumber Co., 67 C. C. A. 13.]</p> <p>2. Same — Bights undee Adjustment Act.</p> <p>• Lands granted by Congress to a state and by the state to a railroad company on condition, and which were afterwards resumed by the state for the failure of the company to comply with such condition and reverted to the United States, are not lands “excepted from the operation of the grant,” within the meaning of section 5 of the adjustment act of March 3, 1887 (24 Stat. 557, c. 376 [U. S. Comp. St. 1901, p. 1597]); and a purchaser from the company acquires no right under said section to purchase the lands from the United States.</p>