Barney v. Winona & St. Peter R. Co.,
117 U.S. 228 (1886)

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U.S. Supreme Court

Barney v. Winona & St. Peter R. Co., 117 U.S. 228 (1886)

Barney v. Winona & St. Peter Railroad Company

Submitted January 7, 1886

Decided March 1, 1886

117 U.S. 228


Inadvertent expressions in an opinion of the Court which are not material to the decision of the case are not decisions of the Court within the general rule that what is decided in a cause on appeal is not open to reconsideration in the same case on a second appeal on similar facts.

In the construction of land grant acts in aid of railroads, "granted lands" are those falling within the limits specially designated, the title to which attaches as of the date of the act of Congress, when the lands are located by an approved and accepted survey of the line of the road filed in the Land Department, but "indemnity lands" are lands selected in lieu of parcels lost by previous disposition or reservation for other purposes, the title to which accrues only from the time of their selection.

The provision in § 3 of the Act of March 3, 1861, that any lands granted to Minnesota by the Act of March 3, 1857, which might be located within the limits of the extension made by said act of 1865 to the original grant made by said act of 1857, should be deducted from the full quantity of lands granted by the act of 1865 applies to "granted lands" of the prior grant falling within the six-mile limit, and not to possible indemnity lands which might be subsequently acquired.

Winona & St. Peter Railroad Co. v. Barney, 113 U. S. 618, explained.

This case was before the Court at October Term, 1884, 113 U. S. 113 U.S. 618. The questions which arose in the execution of the mandate, and which were brought up by the second appeal, are stated in the opinion of the Court.

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