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HUMBIRD v. AVERY

No. 7.

195 U.S. 480 (1904)

25 S.Ct. 123

49 L.Ed. 286

HUMBIRD v. AVERY.

Supreme Court of United States.

Decided December 12, 1904.

Attorney(s) appearing for the Case

Mr. William W. Billson and Mr. Charles W. Bunn, with whom Mr. Chester A. Congdon, Mr. H. Oldenburg and Mr. James B. Kerr were on the brief, for appellants.

Mr. Assistant Attorney General Campbell and Mr. A.C. Campbell, Assistant Attorney, with whom Mr. F.W. Clements, Assistant Attorney, was on the brief, for the United States, intervenor.

Mr. Benton Hanchett and Mr. H.H. Hoyt for Avery and other appellees.

Mr. Luther C. Harris submitted a brief for Alger and other appellees.

MR. JUSTICE HARLAN, after making the foregoing statement, delivered the opinion of the court.

It is appropriate at the outset to refer to certain allegations of the bill which bring the determination of the case within a very narrow compass and make it unnecessary to consider some matters referred to by counsel. After setting out in detail the various steps taken by the railroad company to acquire a right to the lands in dispute, the bill alleges that "but for the...

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