Minneapolis, St. P. & S.S.M. Ry. Co. v. Doughty, 208 U.S. 251 (1908)
U.S. Supreme CourtMinneapolis, St. P. & S.S.M. Ry. Co. v. Doughty, 208 U.S. 251 (1908)
Minneapolis, St. Paul & Sault St. Marie Railway Company v. Doughty
Argued December 17, 1907
Decided February 3, 1908
208 U.S. 251
Under the Act of March 3, 1875, c. 152, 18 Stat. 482, granting to railroads the right of way through public lands of the United States, such grant takes effect either on the actual construction of the road or on the approval of the Secretary of the Interior after the definite location and the filing of a profile of the road in the local land office, as provided in § 4 of the act, and a valid homestead entry made after final survey but before either the construction of the road or the approval by the Secretary of the profile is superior to the rights of the company. Jamestown & Northern Railway Co. v. Jones, 177 U. S. 125, explained and followed.
107 N.W. 971 affirmed.
The facts are stated in the opinion.