Barlow v. Northern Pacific Ry. Co.
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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
Argued March 3, 1916
Decided April 3, 1916
240 U.S. 484
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.