Bowes v. Haywood

Decision Date03 January 1877
Citation35 Mich. 241
CourtMichigan Supreme Court
PartiesWilliam R. Bowes v. Alvin G. Haywood

Heard October 6, 1876

Error to Ottawa Circuit.

This was ejectment brought by plaintiff in error against defendant in error. The cause was tried by the court without a jury and a special finding was made and filed. The judgment below was in favor of the defendant.

Judgment of the circuit court affirmed, with costs, the record remanded.

R. W Boynton, Ashley Pond and D. Darwin Hughes, for plaintiff in error.

A. D Griswold and E. Baxter, for defendant in error.

OPINION

Cooley, Ch. J.

The controversy in this case relates to lands granted by congress to the state of Michigan to aid in the construction of railroads. The grant was made by the act of June 3, 1856, the first section of which granted in aid of certain railroads therein specified, and among others one "from Grand Haven and Pere Marquette to Flint, and thence to Port Huron," every alternate section of land designated by odd numbers for six sections in width on each side of each of said roads, with provision for making up any deficiency caused by lands having been previously sold or otherwise appropriated. The third section of the act provided that the lands should be subject to the disposal of the legislature of the state for the purposes specified, and no other. The fourth section was as follows: "That the lands hereby granted to said state shall be disposed of by said state only in manner following, that is to say: that a quantity of land not exceeding one hundred and twenty sections for each of said roads and included within a continuous length of twenty miles of each of said roads, may be sold; and when the governor of the state shall certify to the secretary of the interior that any twenty continuous miles of any of said roads is completed, then another quantity of land hereby granted, not exceeding one hundred and twenty sections for each of said roads having twenty continuous miles completed as aforesaid, and included within a continuous length of twenty miles of each of such roads, may be sold; and so from time to time until said roads are completed; and if any of said roads is not completed within ten years no further sales shall be made, and the lands unsold shall revert to the United States."--11 Stat. at Large, 21, 22.

This grant of lands was accepted by the state by an act approved February 14, 1857, the second section of which provided that "so much of the aforesaid lands, franchises, rights powers, and privileges as are or may be granted and conferred in pursuance of said act of congress to aid in the construction of a railroad * * * from Grand Haven to Flint and thence to Port Huron, are hereby vested fully and completely in the Detroit & Milwaukee Railway Company and in the Port Huron & Milwaukee Railroad Company in the manner following, to-wit: so much of said lands as pertain or attach to said route from Grand Haven to Owosso, in the county of Shiawassee, are hereby vested fully and completely in the Detroit & Milwaukee Railway Company, and so much of said lands as pertain or attach to said route from Owosso to Flint, and thence to Port Huron, are hereby vested fully and completely in the Port Huron & Milwaukee Railway Company, to aid in the construction of the roads of said companies respectively." The fifth section provided how the grants should be accepted by railway companies respectively, and the seventh section provided that "each of said companies, after the completion of twenty continuous miles of its railroad, and after the governor shall have certified to the secretary of the interior that such twenty continuous miles of its road are so completed, then, and not before, said company may sell sixty sections of land included within any continuous twenty miles of its line of road; and in like manner upon the completion of each other twenty continuous miles it may sell other sixty sections, and so on from time to time until its whole road is completed." The eighth section established a board of control whose duty it should be "to manage and dispose of such lands in aid of the construction of the aforesaid railroads in the manner in this act provided." The eleventh section was as...

To continue reading

Request your trial
6 cases
  • Grand Trunk Western Ry Co v. United States
    • United States
    • U.S. Supreme Court
    • March 1, 1920
    ...to take possession of the land and to dispose of it for the benefit of the company. In 1877 the Supreme Court of Michigan held in Bowes v. Haywood, 35 Mich. 241, that the patent so far as it purported to transfer the 30,988.76 acres west of Flint was void under the Michigan legislation, bec......
  • Jackson, L. & S.R. Co. v. Davison
    • United States
    • Michigan Supreme Court
    • April 14, 1887
    ... ... from transactions between private parties. Johnson v ... Ballou, 28 Mich. 384, 385; Bowes v. Haywood, 35 ... Mich. 241; Fenn v. Kinsey, 45 Mich. 446, 8 N.W. 64; ... Rogers v. Port Huron & L.M.R. Co., 45 Mich. 460, 8 ... N.W. 46; ... ...
  • In re Cranberry Creek Drainage Dist.
    • United States
    • Wisconsin Supreme Court
    • April 17, 1906
    ...in all cases. Crabb's Dictionary of English Synonyms; Standard Dictionary; Words & Phrases, vol. 2, under the word “Competent”; Bowes v. Haywood, 35 Mich. 241;Pacheco's Estate, 23 Cal. 476; Ætna Ins. Co. v. Stevens, 48 Ill. 33; Attorney General v. Hallett, 2 H. & N. 374; Tenney v. State, 27......
  • Toms v. Boyes
    • United States
    • Michigan Supreme Court
    • January 27, 1886
    ... ... 275 of the ... Session Laws of 1881, and their history sufficiently appears ... in Griswold v. Fuller, 33 Mich. 268; Bowes v ... Haywood, 35 Mich. 241; Fenn v. Kinsey, 45 Mich ... 446; S.C. 8 N.W. 64; Haney v. Roy, 54 Mich. 635; ... S.C. 20 N.W. 621 ... In ... ...
  • Request a trial to view additional results

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT