Union Pacific Railroad v. Weaver

Citations

• 110 Kan. 373
• 204 P. 1011
• 1922 Kan. LEXIS 55

Syllabus

<p>SYLLABUS by the court.</p> <p>1. Public Lands — Railroad Land Grants — Width of Right of Way — Construction of Land Grants. Upon the one question in which these cases differ from the six preceding ones, it is held, following Stuart v. Union Pacific R. R. Co., 227 U. S. 342, that under the act of congress of July 1, 1862 (12 U. S. Stat., ch. 120, p. 489), the Union Pacific Railroad Company and its successors in interest acquired a present grant of the right of way through public lands, and that within the meaning of the right of way section of the act all land was public where the title remained in the government and it had the ultimate right to dispose of it.</p> <p>2. Same. The defendants’ titles rest upon patents resulting from entries on the lands subsequent to July 2, 1864. Entries had been made upon the lands prior to July 2, 1864, but nothing resulted therefrom and the entries were canceled. Held, that the defendants cannot tack to their claims any rights by virtue of the canceled entries and that the prior entries did not remove the lands from the grant of the right of way by the act of July 1, 1862.</p>