| Show LAND SUIT AGAINST THE U P A suit of exceptional interest was filed died in the third court thursday june jane 21 by district attorney judd bearing the signature of attorney generel of the united states richard olney its title is the U 8 of america plaintiff vs ve the union pacific railroad oliver W mink E ellery anderson andersen P F B R coudert and john W doane receivers and the union pacific coal a corporation the complaint which is in very volumn bous sets beta forth that by the act of con grew areas approved june it was provided that in the adjustment of all railroad land grants whether made directly to any railroad company or to any ny state for railroad purposes it any of the lands granted be found in the possession of an actual settler whose entry or filing had bad been allowed under the preemption or homestead laws of the abe united states subsequent to the time dine at which by the decision of the land office the right of such road was declared to have attached to said lands landa the abe grantees granlees gran tees upon a proper relinquish went of the iho lands so entered or filed for should be entitled to select an equal quantity not mineral and bituin the limits of the grant not otherwise appropriated at the late date of selection to which they should have title to same as though originally granted next it is set et forth that the line of this defendant railroad company compa in the land districts district hereinafter described was definitely fixed on oct 1864 in the nellah Nel ighland land district of the theSta state ot We nebraska braska and on april 1869 in the me salt lake land district of utah territory and plaintiff avers that at aho times timea of such fixings of the line there was included under the apparent grant of the act of congress 01 july let 1862 fl fint the sixth principal meridian secona the salt lake laske meridian these lands are described in the complaint in detail jt J alo is then averred that although such lands were apparently within the grant made by act of congress such was not the real re I 1 fact jut but that on the contrary they all 11 hau baa been long prior to the time of location sold reserved or otherwise disposed of by the united states or preemption and homestead claims claim had bad attached thereto they were excepted out bout of said grant aud did not pus pass thereby to the defendants A list of the entries on the respective tracts to Is given in full notwithstanding says the complaint further farther the facts stated and which it to is alleged were well known to the rall rail ro foad d oom rany said company declared that tbt sold said lands had been upon I 1 investigation igat ioD found to be in the possession of the actual settlers whose entries or filings had been allowed preemption or homestead laws subsequently to the time at which the defendants line of road had been definitely located mode made claim and procured from plaintiff under the act of june 22 1874 a patent for or other lands in ia lieu of those heretofore described said bald patent was by plaintiff august 1 1876 and conveyed therein certain described lands in summit county utah it is next stated that the issuance of such was done anad ver tence and mistake on plaintiffs part and without any consideration whatever on the part of the defendant company that the lands so selected were not subject to selection lection ee under the laws of we toe united states that the defendant company has been re quested to surrender the patent and re bouvey the lands aforesaid to plaintiff in accordance the act of congrow congress entitled an act to provide for the adjustment of land grants made by congress to aid in the be construction of railroads and for the foreclosure of for other poses approved march but has ref refused used and still refuses to comply with the demand plaintiff is further informed and believes that subsequent to the be delivery of said patent the defendant railroad company conveyed by deed some interest in a portion of the lands ianis ian is in controversy to the defend ant union pacific coal company Comp mAy hoe hence it is prayed that said patent be adjudged to have been issued to the railroad company without authority of law and to be void that defend ants be required to surrender the same tor for cancellation and to the land to the united states that the U P coal company be required to set forth all and singular whatever interest it may claim to have in any of the lands and that whatever conveyances or convey recon re con vey ances have been made to them be declared null and void that if any of the said lands have been so conveyed or alienated as an to put petit it beyond the power of this court to compel a recon re con meyance to plaintiff then a decree is prayed for against the defendants for the full value of the lands in money by way of compensation |
