Page:Federal Reporter, 1st Series, Volume 6.djvu/664

 652 FBDEBAIi EBPOBTBR. �enth of April one Cropsey entered one quarter section included in the grant, and afterwards a patent therefor was issued to him. Knevals claims under the railroad company, and Hyde under Cropsey, and the first question arising in the case was whether the grant to the company took effect when the map was filed with the secretary of the interior, or when it was received by the local officers. The grant contained the con- dition that the road should be built to a junction with the Union Pacifie Eailroad, or one of its branches, within ten years, The road was built to a junction with the Burlington i & Missouri Eiver Eailroad in Nebraska within the time lim- ited, but not to the Union Pacific, and it was objeaied by the defendant that the Burlington was not a branch of the Union Pacific, and therefore that the condition had been broken and the lands forfeited. It was also objected that Cropsey was a bonafide purchaser -cTithout notice of-the location of the rail- road, and therefore was entitled to protection against its claims. �J. M. Wodworth, for plaintiff. , ,,, jB. IFloAeiey, for defendait, ,. �MiiiLEB, ' 0. J. 1. I' ani of the opinion that within the ' meahirig' of the first 'eectioti bit;he'act of coirereasofJaly 23, 1866, (ehapter' 212, of that session,) graniirig lands to the state of Kansas for the use and benefit of the St,>. Joseph & Denver City Eailroad Company, "the lime or route of the ro^d" ^as "definitely fixed" When'' on thetwenty-eighthof March, 1870, a map Of said location, adopted'by the'board of direct- ors of the company, was received by and filed with the secre- tary of the interior as the law required. It follows that on that day the right to the use and benefit of the sections of land designated by odd numbers, within 10 sections on each side of that line, became vested in the company, ineluding the quarter section now in controversy, unless it had been pre- viously sold, or otherwiee came within the excepting clause of the act, �2. The origin of defendant's adverse title is a purchase made from the United States through its land officers 14 days after the rights of the company had vested. The equitable ��� �