United States v. Des Moines Navigation & Railway Co.

Citations

• 142 U.S. 510
• 12 S. Ct. 308
• 35 L. Ed. 1099
• 1892 U.S. LEXIS 1989

Syllabus

<p>The title of the Des Moines Navigation and Railway Company to lands granted to the Territory of Iowa for the purpose of aiding in the improvement of the navigation of the Des Moines River by the act of August 8, 1816, 9 Stat. 77, c. 103, and to the State of Iowa for a like purpose by the joint resolution of March 2, 1861, 12 Stat. 251, and by the act of July. 12, 1862, 12 Stat. 543, c. 161, having been sustained by this court in eight litigations between private parties, to wit: in Dubuque & Pacific Bailroad v. Litchfield, 23 How. 66; Wolcott v. Des Moines Co., 5 Wall. 681; Williams v. Baker, 17 Wall. 144; Homestead Co. v. Valley Bailroad, 17 Wall. 153; Wolsey v. Chapman, 101 U. 8. 755; Litchfield v. Webster County, 101 U. S. 773; Dubuque & Sioux City Bailroad v. Des Moines Valley Bailroad, 109 U. S. 329, and Bullard v. Des Moines & Port Dodge Bailroad, 122 U. S. 167, is now held to be good against the United States, as a.grant in prcesenti. v</p> <p>It is an undoubted proposition of law that the grantor of lands conveyed in trust is the only party to challenge the title in the hands of the trustee, or others holding under him, on account of a breach of that trust.</p> <p>It appearing that, the United States is only a nominal party, whose aid is sought to destroy the title of the Navigation Company and its grantees, in order to enable settlers to protect their titles, initiated by settlement and occupancy, the.court holds the case of United States v. Beebe, 127 U. S. 338, to be applicable, where it was held fhat when a suit is brought in the name of the United States to enforce the rights of individuals, and no interest of the government is involved, the defence of laches and limitations will be sustained, as though the government were out of the case. Where relief can be granted only by setting aside an evidence of title issued by the government, in the orderly administration of the affairs of the Land Department, the evidence in support must be clear, strong an