Oregon & California Railroad Company v. United States (190 U.S. 186)

by Henry Billings Brown

United States Supreme Court

190 U.S. 186

Oregon & California Railroad Company  v.  United States

 Argued: March 4, 1903. --- Decided: May 4, 1903

This was a bill in equity filed by the United States, in the circuit court for the district of Oregon, to compel a reconveyance by the railroad company, as the successor and assignee of the Oregon Central Railroad Company, of certain lands within the indemnity limits of the land grant to such company of July 25, 1866 (14 Stat at L. 239, chap. 242), for which land one John W. Hines, on November 22, 1853, seventeen years before the definite location of the line of the road, had filed a donation notification under the Oregon donation act of September 27, 1850 (9 Stat. at L. 496, chap. 76), and the act of February 14, 1853 (10 Stat. at L. 158, chap. 69), amendatory thereto. These lands the President of the United States, on July 12, 1871, patented to the railroad company by an alleged mistake and without the knowledge of the adverse claim of Hines. By reason of this prior donation the patent was averred to be void, and its cancelation was prayed under the act of March 3, 1887 (24 Stat. at L. 556, chap. 376, U.S.C.omp. Stat. 1901, p. 1595), authorizing the Attorney General to institute necessary proceedings to cancel patents erroneously issued to railroad companies.

The defendant in its plea averred an approval of its map of definite location January 29, 1870, a selection of the lands prior to July 12, 1871, and the further fact that Hines abandoned the land without having paid for it, or residing thereon four years; nor was he residing thereon at the time the defendant selected the same.

The circuit court decreed the cancelation of the patent, and the court of appeals affirmed the decree.

Mr. Justice Brown delivered the opinion of the court:

Notes