The Federal Reporter: With Key-Number Annotations ..., volume 42

Cover The Federal Reporter: With Key-Number Annotations ..., volume 42
The Federal Reporter: With Key-Number Annotations ..., volume 42
United States. Circuit Courts, United States. District Courts, District of Columbia. Court of Appeals, United States. Circuit Court of Appeals, United States. Commerce Court
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Rep. 449; U. S. v. Beebe, 4 McCrary, 12, 17 Fed. Rep. 36.
For seven years after the expiration of the time prescribed for the con- struction of the road and filing of the certificates of the governors, in which its completion was formally and officially declared, nothing ap- pears to have been said or suggested to the contrary by any one, when a trespasser on the lands made a complaint to the secretary of the interior that the road had not been constructed according to law. Investigation ensued
... under the direction of the secretary, and the matter was submit- ted to congress, who referred it back to the executive department in 1882, where, after due consideration, patents were ordered issued to the com- pany under the act of 1874, which was done, as to the greater portion of the lands.
The statute of limitations does not ordinarily run against the United States. But this suit is required by the act of congress to be tried and adjudicated as a suit between private parties; and therefore, in my judgment, the lapse of time, or the bar of the statute of limitations, ia to have the same efiect as in a suit between such parties.


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