Jamestown Northern Railroad Company v. Jones

This suit was brought by plaintiff in error to have itself adjudged the owner of a right 8, in township 141, of range 64, in the county of Stutsman, state of North Dakota.

Its title rests upon the act of Congress of March 3, 1875, entitled, 'An Act Granting to Railroads the Right of Way through the Public Lands of the United States.'

The plaintiff was organized September 17, 1881, under the laws of the territory of Dakota. After its organization it surveyed a line of route for its railroad from a point near Jamestown in a northwesterly direction through the county of Stutsman and over the land in controversy. The survey was finished the 30th of October, 1881. A map representing the survey was made by a resolution of the board of directors, and was adopted as the definite route of the railroad.

In 1882 the road was constructed upon the line surveyed, and since that time trains have been continuously run over it by the plaintiff.

On the 26th of January, 1883, the plaintiff filed with the Secretary of the Interior a copy of its articles of incorporation, and due proofs of its organization under the same. On the 13th of March, 1883, plaintiff's map of definite location was filed and approved by the Secretary of the Interior. There was some uncertainty in the evidence whether such map was ever filed in the office of the register of the local land office, but it probably was.

On the 12th of February, 1881, the land then being public land of the United States, duly surveyed, one Sherman Jones filed a declaratory statement upon it, alleging settlement the 8th of February, 1881. On the 13th of March, 1883, it had not been canceled or vacated.