DocketNumber: No. 8238
Citation Numbers: 55 Minn. 36
Judges: Collins
Filed Date: 10/10/1893
Status: Precedential
Modified Date: 9/9/2022
This was an equitable action brought to have ai-claim of title to certain real estate, asserted by the defendants, husband and wife, adjudged to be without foundation, and to have a patent deed to said land issued by the United States authorities-to one McCormick, said defendants’ remote grantor* set aside and canceled, because improperly issued and fraudulently obtained, and also to have plaintiff’s alleged title to the premises declared good and valid. The complaint fully stated the facts constituting the claim of each party, and the defendants separately demurred, on two grounds. The demurrers were sustained, on the ground that the complaint did not state facts sufficient to constitute a cause of action, and the arguments here were confined to á discus* sion of that issue. The plaintiff’s title rests upon a deed from a railway company beneficiary, under an act of congress approved May 12, 1864, (13 Stat. ch. 84, p. 72.) By the terms of the seventh section there were granted, in aid of railway construction, “four additional alternate sections of land per mile, to be selected upon the same conditions, restrictions, and limitations” as were con* tained in the original land-grant act of March 3, 1857. It was also provided that these additional sections were to be located within twenty miles of the line of railway, and it is obvious that they were' to be selected and obtained precisely as were lieu or indemnity lands under the original act, and until so selected they were subject to the same conditions, restrictions, and limitations. It is alleged in the complaint that the land in question was reserved and withdrawn by the secretary of the interior from sale and entry on July 2, 1864. Although a map of the final and definite location of the railway was filed August 10, 1865, the list of lands selected; in accordance with the provisions of the act of 1864 was not filed* until May 3, 1873. This list was approved by the secretary on May 14, 1873. The lands embraced in this list, including the quarter section in controversy, were then certified to the state, and hy it conveyed to the railway company.
The law respecting land grants in aid of railways is so well settled that this case is easily disposed of. The railway company could not, and did not, have any vested right in lands to be acquired under the provisions of the statute of 1864 until such lands were actually selected by the secretary of the interior, and evidently
In the case at bar, McCormick filed a declaratory statement under the pre-emption law, June 14, 1864, soon after the enactment of the statute, under which the same tract of land was certified, to the state, and by it to the railway company. This was eighteen days prior to the alleged withdrawal and reservation. Final proof was made by the pre-emptor, and a. patent was issued to him,, bearing date September 9, 1871, about two years before the pretended selection was made in behalf of the railway company. The' land had not only been appropriated and patented under the preemption laws of the United States when the attempt was made' to select it under the provisions of the law of 1864, but it was covered by a declaratory statement, valid on its face, on which the officers of the land department subsequently acted, when the secretary made his order of July 2, 1864. But counsel for appellant attempt to evade the effect and force of the declaratory statement and the patent by alleging that McCormick was not a qualified pre-emptor when he filed the declaratory statement in 1864, and that his final proof was made through fraudulent practices and false' oaths. It is also alleged that in 1871 an investigation of the good faith of said McCormick when making the pre-emption was ordered by the officers of the land department, which resulted in a finding by the commissioner of the general land office, subsequently affirmed by the secretary, to the effect that the pre-emption was fraudulent. It also appears that the patent was issued several' weeks before the investigation was held. These allegations are of no consequence, for, if true, they do not tend to establish plaintiff’s title to the land. To the contrary, they show that the railway company could not acquire title to the land under the terms' of the land-grant acts upon which it must rely. The right of the railway company to the additional four sections per mile did not attach to any particular tracts until selections were made,, as before stated, and at that time McCormick held a patent for the land, based upon a declaratory statement, valid upon its face,, filed prior to the alleged withdrawal and reservation from sale and