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DUBUQUE AND PACIFIC RAILROAD CO. v. LITCHFIELD

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64 U.S. 66 (1860)

23 How. 66

16 L.Ed. 500

THE DUBUQUE AND PACIFIC RAILROAD COMPANY, PLAINTIFFS IN ERROR, v. EDWIN C. LITCHFIELD.

Supreme Court of United States.

April 9, 1860.

Attorney(s) appearing for the Case

It was submitted on printed arguments by Mr. Platt Smith for the plaintiff in error, and by Mr. Charles Mason for the defendant. The Attorney General (Mr. Black) intervened on behalf of the United States.

Mr. Justice CATRON delivered the opinion of the court.

The land in controversy lies within five miles of the Des Moines river, and within the limits of what was the Iowa Territory when the act of Congress of 1846 was passed, making the grant to improve the navigation of the Des Moines river from its mouth to the Raccoon fork; but the land sued for lies nearly sixty miles above the mouth of that fork.

Litchfield, the...

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