United States v. Northern Pacific Railroad Company (177 U.S. 435)

Messrs.C. W. Russell, M. C. Bright, and Crownhart & Foley for appellant.

Messrs. J. B. Kerr and C. W. Bunn for appellees.

Statement by Mr. Justice Shiras: of the United States for the district of Minnesota

In July, 1898, the United States, by the Attorney General, filed in the circuit court of the United States for the district of Minnesota Pacific Railroad Company and others. The object of the suit was to procure the cancelation and annulment of a certain patent granted to the Northern Pacific Railroad Company by the United States on April 22, 1895, for a tract of land lying and being more than 10 miles east of Duluth, in the state of Minnesota, and which patent was alleged by the bill to have been inadvertently and mistakenly issued. The case was disposed of on bill, answer, and a stipulation of facts. The circuit court dismissed the case for want of equity, and the cause was taken on appeal to the circuit court of appeals for the eighth circuit, where the decree of the circuit court was, on July 10, 1899, affirmed. An appeal was thereupon allowed to this court.

Mr. Justice Shiras delivered the opinion of the court: