UNITED STATES SUPREME COURT DECISIONS ON-LINE

In 1870, W. entered upon public land within the indemnity limits of a railway grant, occupied it, and continued to do so. It had then been withdrawn from the market by the Secretary of the Interior under instructions from Congress, and was eventually selected by the railroad company as part of its grant. Held that W. acquired no equitable rights as against the railroad company by his occupation and settlement.

This case resembles those immediately preceding in that the plaintiff, now defendant in error, claiming title to a certain tract by deed from the Missouri, Kansas and Texas Railway Company, brought his action in the District Court of Allen County, Kansas, to recover possession of the land. Judgment was rendered in his favor in that court, which judgment was affirmed by the supreme court of the state, and from that court the case has been brought here on a writ of error. clubjuris

Page 156 U. S. 549