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BULLARD V. DES MOINES & FORT DODGE RAILROAD, 122 U. S. 167 (1887)

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U.S. Supreme Court

Bullard v. Des Moines & Fort Dodge Railroad, 122 U.S. 167 (1887)

Bullard v. Des Moines & Fort Dodge Railroad

Argued May 4, 1887

Decided May 23, 1887

122 U.S. 167

Syllabus

The joint resolution of the two Houses of Congress of March 2, 1861, 12 Stat. 251, relinquishing to the Iowa certain lands along the Des Moines River above the mouth of Raccoon Fork, did not operate to terminate the withdrawal of all the lands on that river above Raccoon Fork from entry and preemption which was originally made in 1850, and which was continued in force from that time and of which renewed notice was given in May, 1860. That resolution was only a congressional recognition of the title, which had passed to grantees of the State of Iowa, to lands certified to the state under the act of 1846, which certificates had been held by this Court in Dubuque & Pacific Railroad v. Litchfield, 23 How. 66, to have been issued without authority of law.

In equity in a state court of Iowa to quiet title to land. The complaint set up a preemption title. The respondent claimed under the Act of July 12, 1862, 12 Stat. 543. The bill was dismissed, and on appeal the decree was affirmed by the supreme court of the state. The complainant sued out this

writ of error. The case is stated in the opinion of the Court. chanroblesvirtualawlibrary

Page 122 U. S. 168





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