Missouri, Kansas & Texas Ry. Co. v. United StatesAnnotate this Case
235 U.S. 37 (1914)
U.S. Supreme Court
Missouri, Kansas & Texas Ry. Co. v. United States, 235 U.S. 37 (1914)
Missouri, Kansas & Texas Railway Company v. United States
Argued October 28, 29, 1914
Decided November 9, 1914
235 U.S. 37
Whether the concession of lands in Indian Territory under § 9 of the Land Grant Act of July 25, 1866, c. 241, 19 Stat. 236, was a grant in praesenti or a covenant to convey, it was dependent upon fulfillment of the express conditions precedent that the Indian title be extinguished, and, when extinguished, become public lands of the United States, and those conditions have not been fulfilled.
A statute granting public lands or Indian lands which may become public lands will not be construed as including Indian lands afterwards allotted in severalty under a treaty made immediately before the enactment of the statute, as to do so would be to accuse the government of bad faith with the Indian owners of the land.
Grants from the government are to be strictly construed against the grantee.
47 Ct.Cl. 59 affirmed.
The facts, which involve the construction of § 9 of the Land Grant Act of July 28, 1866, and the provisions therein contained for grants of lands in Indian Territory on the extinguishment of the Indian title, are stated in the opinion.
Official Supreme Court case law is only found in the print version of the United States Reports. Justia case law is provided for general informational purposes only, and may not reflect current legal developments, verdicts or settlements. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or information linked to from this site. Please check official sources.