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LAKE SUPERIOR &C. CO. v. CUNNINGHAM

No. 49.

155 U.S. 354 (1894)

15 S.Ct. 103

39 L.Ed. 183

LAKE SUPERIOR SHIP CANAL, RAILWAY AND IRON COMPANY, v. CUNNINGHAM.

Supreme Court of United States.

Decided December 10, 1894.

Attorney(s) appearing for the Case

Mr. John F. Dillon, (with whom was Mr. Daniel H. Ball on the brief,) for plaintiff in error.

Mr. Don M. Dickinson for defendant in error.

MR. JUSTICE BREWER delivered the opinion of the court.

The act of June 3, 1856, was a grant in præsenti, and when by the filing of the map of definite location the particular tracts were identified, the title to those lands was vested in the State of Michigan, to be disposed of by it in aid of the construction of a railroad between Ontonagon and the Wisconsin state line. The lands were withdrawn from the public domain, and no longer open to settlement...

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