Oregon & California R. Co. v. United States No. 2, 189 U.S. 116 (1903)

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Oregon and California Railroad Company v. United States No. 2

No. 187

Argued March 4, 1903
Decided April 6, 1903
189 U.S. 116

APPEAL FROM THE CIRCUIT COURT OF

APPEALS FOR THE NINTH CIRCUIT

Syllabus

On the authority of the preceding case, held that, where a duly qualified entryman made a bona fide settlement upon lands within the indemnity limit of the grant made by Act of Congress of May 4, 1870, with the intention, whenever the way was opened by a survey, to enter the lands under the homestead laws, his rights were superior to those acquired, or that could have been acquired, by the railroad company under any selection by it of indemnity lands made after the date of such settlement.

The case is stated in the opinion of the Court.