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DOHERTY v. NORTHERN PACIFIC RAILWAY CO.

No. 121.

177 U.S. 421 (1900)

DOHERTY v. NORTHERN PACIFIC RAILWAY COMPANY.

Supreme Court of United States.

Decided April 16, 1900.

Attorney(s) appearing for the Case

Mr. C.W. Russell, for the United States.

Mr. M.S. Bright for Doherty submitted on his brief.

Mr. James B. Kerr and Mr. C.W. Bunn for the Northern Pacific Railway Company.

MR. JUSTICE SHIRAS, after stating the case, delivered the opinion of the court.

It is conceded that Doherty, the plaintiff in error, owns the southwest quarter of section 4, township 47 north, of range 11 west, in Douglas County, Wisconsin, having made a homestead entry thereof November 8, 1882, and obtained a patent therefor February 6, 1890.

The Northern Pacific Railway Company, the defendant in error, claims a right of way four hundred feet in width over...

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