United States v. St. Paul, M. & M. Ry. Co.

Citations

• 225 F. 27
• 139 C.C.A. 301
• 1915 U.S. App. LEXIS 2092

Syllabus

<p>1. Public Lands <§=]20—Suits fob Cancellation of Patentr—Statutuky Limitation.</p> <p>Act March 2, 189(5, c. 89, § T, 29 Stat. 42 (Comp. St. 1913, § 4901), limits the time within which suits may be brought for the cancellation of patents to lands issued under railroad or wagon road grants, either before or after its enactment, “provided that no suit shall be brought or maintained, nor shall recovery be had for lands or the value thereof, that were certified or patented in lieu of other lands covered by a grant which were lost or relinquished by the grantee in consequence of the failure of the government or its officers to withdraw the same from sale or entry.” Held, that such jiroviso is not limited to lands patented prior to the passage of the act, but applies as well to lands patented after that date.</p> <p>Tied. Note.—For other cases, see Xhiblic Lands, Cent. Dig. §§ 332-335; Dec. Dig. <§=120.J</p> <p>2. Statutes <§=>263—Oonsteuction—Prospective Opekation.</p> <p>Legislative acts are presumed to be prospective in their operation, and courts will not limit them to past acts or past transactions, unless such clearly appears to have been the legislative intent.</p> <p>1 Ed. Note.—For other cases, see Statutes, Cent. Dig. §§ 34.4, 349; Dec. Dig. <2=263.J</p> <p><S^eFor other cases see samo topic & K3SY-NUMB22R in all Key-Numbered Digests & Indexes</p>