Daily globe. [volume] (St. Paul, Minn.) 1878-1884, 1881-02-28
LAND GRANT HISTORY.

As Repeated in a Suit Before Judge
Stearns in Which the Titles to all Lands
Under the st. Vincent Branch Grant are
Assailed.
A land suit in which far-reaching issues
were made, was argued before Judge Stearns,
of the northern district, in the supreme court
room at the capitol Saturday. It was tried as
to issues of fact at the last term of Judge
Stearns' court in Crookston, but was ad.
journsd to this city that the Judge and attor-
neys might have all the law authorities they
desired to consult at hand in the State library.
The suit, entitled W. c. Nash vs. James E.
Sullivan, is an action of ejectment brought in
Polk county. Plaintiff Nash claims title to
the land in controversy under the st. p, NJ. q
NJ. railway company, it being part Of the
lands conveyed to that company by the State
under the acts OF Congress granting lands to
Minnesota to aid in the construction of rail-
roads; and plaintiff shows title from the State
through the company to himself.
possession of the land in controversy,
under homestead or pre-emption
filing, claims that the land was not granted to
the State by the act Of Congress giving lands
to the Territory of Minnesota for railroads,
for the reason that all the country north of
Wild Rice river in the Red River valley was at
that time Indian Territory. Hence the State
of Minnesota had no right to convey the lands
in that region to the railroad company, and
the railroad company acquired no title from
the State. Defendant further sets up that by
joint resolution of Congress in 1862, the grant
of lands for the st. Vincent branch, from Crow
Wing to the Manitoba line, was revoked, and
in lieu thereof grant was made to build a. line
of railroad from st. Cloud to Lake Superior,
and that by reason of that revocation the rail-
road company has acquired no lands on the st.
Vincent line.
Plaintiff answers that Congress, in the
original grant, gave the lands subject to the
Indian title of occupancy, restraining the Ter
ritory and State from entering upon and taking
possession of the same until the Indian title
was extinguished, and that the Indian title was
extinguished before the lands were taken.
Also, that the legislature in 1858, under
the provisions of the joint resolution of
Congress of 1862, transferred the grant for a
railroad from St. Cloud to Lake Superior, to
the st. Paul & Pacific railroad company, (pre-
decessor of the St. Paul & Manitoba company, ),
and released that company from building the
Crow Wing & st. Vincent branch. But an
act of Congress in 1865 repealed the Joint
resolution vacating the grant for the st. Vim
cent branch and re-granted to the State the
same lands, and four sections per mile addi.
tional for the Grow Wing & st. Vincent
branch, and before there was any legislation
on the part of the State, Congress, in 1871, au-
thorized the building of the St. Vincent branch
from St. Cloud, instead of from Grow Wing,
on condition that the company should relin-
quish it's rights under the joint resolution au.
thorizing the land to be transferred to the St.
Cloud & Lake Superior branch, and the com
pany complied with the condition.
The case was argued for plaintiff by Hon
Seagrave Smith, of Minneapolis, and for defen.
dant by Hon. Reuben Reynolds, of Crookston,
and was taken under advisement by Judge
StaarnS