Union Pacific Railroad v. Harris

Citations

• 76 Kan. 255
• 91 P. 68
• 1907 Kan. LEXIS 246

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>Public Lands — Preemption and Settlement — Grant for a Railroad Right of Way. A tract of land owned by the United States, but lawfully occupied by a settler who had filed a declaratory statement claiming a right to it under the preemption law, was not a part of the “public lands” within the meaning of section 2 of the act of congress of July 1, 1862 (12 U. S. Stat. at L. p. 489), giving to certain railroad companies a right of way through the public lands, and no right with respect to such tract was thereby granted.</p>