Span Classsearchtermspan Classsearchtermcollectionspanspan of L
Span Classsearchtermspan Classsearchtermcollectionspanspan of L
Richard P Barden
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Uired any right or title to them such as could not be defeated by the discovery. 1. It is conceded that the lands in dispute are in fact " min- eral lands, " and as such confessedly within the exception con- tained in the act of July 2, 1864, whereby the company was prohibited from acquiring title to them. " It must necessarily be admitted that they always have been mineral lands. Upon the strict letter of the grant, therefore, no title to them could ever have accrued to the company. " 2. But w...e are not required to insist upon this rigid construc- tion. We may well admit that, under this and other similar acts of Congress, the title of the grantees becomes absolute and indefeasible at some specific point of time, and that if at that specific point of time it has been determined that the land is not mineral land, the title of the grantees to it may then be consummated. The circuit justice in this case makes that specific point of time to be the 6th day of July, A. D. 1882, when the line of the road was definitely located and its plat filed in the General Land Office (Rec.
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