MESSINGER
v.
THE EASTERN OREGON LAND COMPANY
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A homesteader patented land under the Homestead Act of 1862 within twenty miles of the Northern Pacific Railroad's designated route in Oregon, and the Eastern Oregon Land Company claimed rights to the same land. The Supreme Court affirmed the Circuit Court of Appeals' decision in favor of the Eastern Oregon Land Company, based on its precedent in the companion cases of United States v. Oregon & California Railroad Company and Wilcox v. Eastern Oregon Land Company.
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Mr. Justice Harlan delivered the opinion of the court.
The parties in this case and in Wilcox v. Eastern Oregon Land Company stipulated that the bills, answers, decrees, assignments of error, and all other papers and proceedings in both causes, were exactly alike, with the exception that in this case it is alleged that the land patented to the defendant Messinger was patented under the provisions of the act of Congress approved May 20,1862, entitled “ An act to secure homesteads to actual settlers on the public domain,” 12 Stat. 392, c. 75, and the acts supplemental thereto; that the lands patented were the south half of the northwest quarter and lots three and four of section three, township two south, of range sixteen east of the Willamette meridian, in Oregon, and were situated within twenty miles of the line of the general route of the Northern Pacific Railroad Company’s road as designated on its map "of August 17, 1870, and that the patent was dated the 17th day of August, 1894.
It is also stipulated by the parties to the two suits,- by their respective attorneys, that, unless this court otherwise ordered, only the record in the Wilcox suit should be printed, and that the appeal in this case might be heard and submitted without printing the record thereof.
Upon the authority of United States v. Oregon & California Railroad Company and Wilcox v. Eastern Oregon Land Company, just decided, the decree of the Circuit Court of Appeals, reversing the judgment of the Circuit Court and directing a decree in favor of the plaintiff, the Eastern Oregon Land ComPanF> is
Affirmed.
Mr. Justice McKenna did not participate in the decision of this case.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Nelson v. N. Pac. Ry. Co., 188 U.S. 108 (U.S. 1903)…ompany, 152 U. S. 284; Northern Pacific Railroad Company v. Sanders, 166 U. S. 620; Menotti v. Dillon, 167 U. S. 703; United States v. Oregon &c. Land Company, 176 U. S. 28; Wilcox v. Eastern Oregon Land Company, 176 U. S. 51, and Messinger v. Same, 176 U. S. 58. After quoting from the opinions in some the court sums up by saying “ the cases above cited definitely determine that the railroad company acquired no vested interest in any particular section of land until after a definite location was shown by an…1 / 2