Barlow v. Northern Pacific Ry. Co.
240 U.S. 484 (1916)

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U.S. Supreme Court

Barlow v. Northern Pacific Ry. Co., 240 U.S. 484 (1916)

Barlow v. Northern Pacific Railway Company

No. 257

Argued March 3, 1916

Decided April 3, 1916

240 U.S. 484

Syllabus

Under the Right of Way Act of March 3, 1875, c. 152, 18 Stat. 482, the rights of a railroad company entitled to the benefit of the act are paramount over those of a homestead entryman holding a patent of the United States in consequence of rights initiated after the line was in course of construction, but before the map of the right of way had been filed in local land office. Jamestown & Northern R. Co. v. Jones,177 U. S. 125, followed and Minn., St. Pul &c. Ry. v. Doughty,208 U. S. 251, distinguished.

26 N.D. 159 affirmed.

The facts, which involve the rights of a railroad company under the Right of Way Act of 1875 and of an entryman under the Homestead Act, are stated in the opinion.

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