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WINONA &C. RAILROAD v. UNITED STATES

No. 602.

165 U.S. 483 (1897)

17 S.Ct. 381

41 L.Ed. 798

WINONA AND ST. PETER RAILROAD COMPANY v. UNITED STATES.

Supreme Court of United States.

Decided February 15, 1897.

Attorney(s) appearing for the Case

Mr. J.A. Tawney for appellants. Mr. Tawney and Mr. H.M. Lamberton filed a brief on behalf of the Winona and St. Peter Land Company, appellant.

Mr. Solicitor General for appellees.

MR. JUSTICE BREWER, after stating the case, delivered the opinion of the court.

The differences between this case and that referred to in the foregoing statement are these: Anterior to any claim of right by the railroad company, by virtue either of filing its map of definite location or of surveying and staking upon the ground its line, a preëmption filing was placed upon the land which was never cancelled. There remained, therefore, on the records until after...

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