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CEDAR RAPIDS, &C., RAILROAD v. HERRING

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110 U.S. 27 (1884)

3 S.Ct. 485

28 L.Ed. 56

CEDAR RAPIDS & MISSOURI RIVER RAILROAD COMPANY and Another, v. HERRING. CEDAR RAPIDS & MISSOURI RIVER RAILROAD COMPANY and Another, v. LAKE. CEDAR RAPIDS & MISSOURI RIVER RAILROAD COMPANY and Another, v. IDDINGS. CEDAR RAPIDS & MISSOURI RIVER RAILROAD COMPANY and Another, v. CUTLER. CEDAR RAPIDS & MISSOURI RIVER RAILROAD COMPANY and Another, v. DUNDON. CEDAR RAPIDS & MISSOURI RIVER RAILROAD COMPANY and Another, v. BROOKS. CEDAR RAPIDS & MISSOURI RIVER RAILROAD COMPANY and Another, v. GREENSTREET. CEDAR RAPIDS & MISSOURI RIVER RAILROAD COMPANY and Another, v. WOOSTER. CEDAR RAPIDS & MISSOURI RIVER RAILROAD COMPANY and Another, v. BOYD. CEDAR RAPIDS & MISSOURI RIVER RAILROAD COMPANY and Another, v. JEWELL & Others.

Supreme Court of United States.

Decided January 7, 1884.

Attorney(s) appearing for the Case

Mr. E.S. Bailey and Mr. W.L. Joy for plaintiffs in error.

Mr. John S. Monk for defendants in error.

MR. JUSTICE MILLER delivered the opinion of the court.

The defendants are in possession of the land in controversy in each case under a purchase from the United States with a patent from the government, and the plaintiff, the railroad company, asserts a superior title, either legal or equitable, under certain land grants by act of Congress to aid in building railroads. The first of these acts is that of May 15th, 1856, 11 Stat. 9, by which Congress granted lands lying...

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