Opinion · Supreme Court of the United States
Doe v. Larmore
116 U.S. 198
- Type
- Opinion
- Court
- Supreme Court of the United States
- Jurisdiction
- Federal
- Date
- 1886-01-04
- Topic
- bankruptcy
Mr. Chief Justice Waite delivered the opinion of the court. This case cannot be distinguished in principle from St. Louis, Iron Mountain and Southern Railway Co. v. McGee, 115 U.
Citator
UpLaw has not yet analyzed Doe v. Larmore. The absence of a flag is not a finding that it is good law.
- Cited by
- 2 opinions
DOE v. LARMORE,116 U.S. 198(1886)
DOEv. LARMORE.
ERROR TO THE SUPREME COURT OF THE STATE OF ALABAMA.
Submitted December 17, 1885.
Decided January 4, 1886.
The name of the Wills' Valley Railroad Company was changed to Alabama and Chattanooga Railroad Company in 1868, and on the 2d of March, 1870, the company under that name obtained from the State a loan of State bonds to aid in the completion of its road. The road was afterwards finished so as to perfect title under the original grant. On the 8th of February, 1877, the State executed a deed to John A. Billups and John Swann, trustees, which purported to convey the lands in dispute, under a compromise agreement with the railroad company, to protect the interests of the holders of the State bonds which had been loaned to the company in 1870.
The claim of the plaintiff is that, as the lands in question were not fully earned when the sale was made under which Larmore holds title, and the road was not completed within the ten years fixed by the act of 1856, these lands, as well as those not sold at the end of the ten years, reverted at the end of that time to the United States, and passed again to the State under the act of 1869, which is to be construed as a new grant. We held otherwise inMcGee'scase, and under thatPage 200ruling the act of 1869 is to be treated as an extension of the time named in the original act for the completion of the road. As between the company and Larmore the title passed under the deed of 1866, which was executed to give effect to the sale in 1861. The completion of the road within the time fixed by the new act perfected the title of the company under the original grant, and this title inured at once to the benefit of Larmore. As the judgment below sustained Larmore's title and dismissed the suit, it was right, and it is consequentlyAffirmed.