Rutledge Timber Co. v. Farrell, 255 U.S. 268 (1921)

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Rutledge Timber Co. v. Farrell

No. 172

Argued January 21, 1921
Decided February 28, 1921
255 U.S. 268

APPEAL FROM THE CIRCUIT COURT OF APPEALS

FOR THE NINTH CIRCUIT

Syllabus

1. Under the Act of March 2, 1899, a lieu selection of unsurveyed land made by the Northern Pacific Railway Company may be designated "with reasonable certainty" by reference to the nearest public survey, 72 miles distant. P. 269. See West v. Rutledge Timber Co., 244 U.S. 90.

2. Where a state’s application for a survey under the Act of August 18, 1894, was held excessive and ultimately rejected by the Land Department, and no appeal taken, held that it did not so withdraw the included land from the public domain as to invalidate a railroad lieu selection made while it was pending. P. 270.

258 F. 11 reversed.

This was an appeal from a decree of the circuit court of appeals reversing a decree of the district court dismissing a bill brought by the present appellee against the appellants to charge them as trustees in respect of lands held under a patent from the United States. The facts are stated in the opinion.