United States v. Tennessee & Coosa Railroad

Citations

• 176 U.S. 242
• 20 S. Ct. 370
• 44 L. Ed. 452
• 1900 U.S. LEXIS 1736

Syllabus

<p>The grant of public land made to the State of Alabama by the act of June 3, 1856, c. 41, to aid in the construction of railroads, to be subject to the disposal of the legislature for the purposes named in the act and no other, •with a provision that if any of said roads were not completed within ten years the lands remaining unsold should revert to the United States, was a grant in prceaenti; the condition so expressed was a condition subsequent; and the rights and powers of the State continued until the grant should be directly forfeited by judicial or legislative proceedings.</p> <p>The provision in the act of September 29, 1890, c. 1040, that “ there is hereby forfeited to the United States, and the United States hereby resumes the title thereto, all lands heretofore granted to any State or to any corporation, to aid in the construction of a railroad opposite to and coterminous with the portion of any such railroad not now completed and in operation, for the construction and benefit of which such lands were granted, and all such lands are declared to be a part of the public domain,” did not operate upon lands opposite completed roads, and such lands were not thereby forfeited or res.umed.</p> <p>The allegation that the sale to Carlisle was without consideration and col- ' orable was not sustained by the evidence.</p> <p>Although the bill was framed to'secure a forfeiture of the entire grant, that does not preclude a forfeiture for a part of it;</p>