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CHICAGO, M. & ST. P. RY. CO. V. UNITED STATES, 159 U. S. 372 (1895)

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U.S. Supreme Court

Chicago, M. & St. P. Ry. Co. v. United States, 159 U.S. 372 (1895)

Chicago, Milwaukee and St. Paul Railway Company v. United States

No. 47

Argued April 16-17, 1895

Decided October 31, 1895

159 U.S. 372

Syllabus

Congress, in the grant made by the Act of May 12, 1864, 13 Stat. 72, had in view two railroads, one extending from Sioux City to the Minnesota line, the other from South McGregor by a named route to a point of intersection with the Sioux City road, and the Chicago, Milwaukee & St. Paul Railway Company, as the successor in right of the McGregor Company, is in no position to question the decree just affirmed in Sioux City & St. Paul Railroad Co. v. United States, establishing the title of the United States as against the Sioux City Company, and is estopped by the decree in Sioux City & St. Paul Railroad v. Chicago, Milwaukee & St. Paul Railway, 117 U. S. 406, from making any claim whatever to the lands in controversy in this suit.

Neither of the railroad companies named in said Act of May 12, 1864, could get the benefit of the moiety of lands granted for the building of the other, in the overlapping limits of the two roads, by reason of the failure of the other to construct its road.

The case is stated in the opinion. chanroblesvirtualawlibrary

Page 159 U. S. 373





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