Lake Superior Ship Canal &c. Co. v. Finan,
Annotate this Case
155 U.S. 385 (1894)
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U.S. Supreme Court
Lake Superior Ship Canal &c. Co. v. Finan, 155 U.S. 385 (1894)
Lake Superior Ship Canal, Railway and Iron Company v. Finan
Argued November 2, 5, 1894
Decided December 10, 1894
155 U.S. 385
ERROR TO THE CIRCUIT COURT OF THE UNITED
STATES FOR THE WESTERN DISTRICT OF MICHIGAN
MR. JUSTICE BREWER.
This case differs from the preceding in that the action was commenced March 21, 1889, and that Finan, the defendant, did not enter upon the tract in controversy until after the 1st of May, 1888. His entry and occupation gave him no rights to the land, because it was embraced within the railroad grant of 1856. He took nothing under the confirmatory act of 1889, because he was not a bona fide claimant or in actual occupation on the 1st of May, 1888. The land was selected and certified to the state for the benefit of the canal company, and was within the scope and confirmation to the company by the act of 1889. The title of the company was therefore perfect as against him. The judgment of the circuit court must therefore be
Reversed, and the case remanded for a new trial.