UNITED STATES SUPREME COURT DECISIONS ON-LINE

Land which, at the time of the grant of July 2, 1864, 13 Stat. 365, c. 217, of public lands to the Northern Pacific Railroad Company was segregated from the public lands within the limits of the grant by reason of a prior preemption claim to it, did not, by the cancellation of the preemption right before the location of the grant, pass to the company, but remained part of the public lands of the United States, subject to be acquired by a subsequent preemption settlement followed up to acquisition of title.

In equity. The case is stated in the opinion.