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NORTHERN PACIFIC RY. v. TOWNSEND

No. 160.

190 U.S. 267 (1903)

NORTHERN PACIFIC RAILWAY COMPANY v. TOWNSEND.

Supreme Court of United States.

Decided May 4, 1903.

Attorney(s) appearing for the Case

Mr. C.W. Bunn and Mr. James B. Kerr for plaintiff in error.

Mr. A.G. Broker, Mr. F.F. Post and Mr. Harold Preston for defendant in error.

MR. JUSTICE WHITE, after making the foregoing statement, delivered the opinion of the court.

At the outset, we premise that, as the grant of the right of way, the filing of the map of definite location, and the construction of the railroad within the quarter section in question preceded the filing of the homestead entries on such section, the land forming the right of way therein was taken out of the category of public lands subject to preemption and sale, and the...

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