, 1884-03-06
Northern Pacific Land Grant.

The following questions were ad-
dressed by the editor of the Dayton
journal to Paul Schulze, general
land agent of the Northern Pacific
Railroad Company at Portland, with
the request that he answer them for
the benefit of the many farmers and
others who are interested in these
lands:
l. Has the Northern Pacific Com
pany ever received full and complete
title to the lands from the general
government?
2. Does a warranty deed from the
company give buyer undisputable
right?
3. What effect does the mortgage
upon these lands have upon the buy
er? In other words, when one buys
these lands does he buy free of all
mortgages and other membranes
To these questions Mr.. Schulze re
piled as follows:
The Northern Pacific Railroad
Company, while it has not received
patents for the lands .ip.question, has
an absolute and full title to the same.
It has been held repeatedly by the
Supreme Court of the United States
that patent does not convey title, but
it is a mere evidence of title. Title
is conveyed by the grant. The grant
to the Northern Pacific Railroad
Company is grant IN present. The
road has been constructed; it has
been accepted by the President of
the United States, and an order has
been issued by that officer that pa
tents be issued for the lands to which
the company is entitled by the con-
struction of the road so accepted
this particular instance, that portion
of the road known as the Pen d'Ore-
ille division.
Acontest was made against this
company, questioning the right of
the company to the lands lying with
in the Indemnity limits until such
lands had been regularly selected.
This contest was decided last spring
in favor of the company. The Sec
retary of the Interior held that the
company was entitled to these lands.
and should be allowed a reasonable
time within which to make selections.
The lands which you refer to have
now been selected. and the list of Sc
lections has been certified by the
proper officers of the Government.
The company having thus far con-
formed to all the requirements of the
law has obtained absolute title to the
same, as much as a homesteader who
has complied with all the require
ments of the homestead law, and has
received his final certificate from the
local office. The issuance of patents
is a matter of mere clerical work.
Question No. 2. 'Does a warranty
deed from the company give the
buyer an indisputable title" and
question No 8, What effect does the
mortgage upon these lands have up
on the buyer? In other words when
one buys this land does he buy free
of all mortgages and other ineum-
brances?" can best be met by one an
swer. My answer is yes. The com
pany's warranty deed is as good as
any deed can be. 1t binds
the company to warrant and defend
the title to the granted premises unto
the buyer, his heirs and assigns for
ever, against the lawful claims of all
persons whatsoever. The trustees of
the mortgage join in the deed, and
thus not only release the mortgages
but give quit claim deed as mort
gagors, and thus part with every and
any shadow of lien. The right to
mortgage the lands was granted to
the company by Congress under joint
resolution of May 81, 1870. Under
the various mortgages it is provided
that the company shall have the
right to dispose of the lands, and that
mortgagors will and shall execute
deeds for the lands so disposed of by
the company