Doe State of Alabama v. Larmore
| Decision Date | 04 January 1886 |
| Citation | 6 S.Ct. 365,116 U.S. 198,29 L.Ed. 598 |
| Parties | DOE ex dem. STATE OF ALABAMA and others v. LARMORE. Filed |
| Court | U.S. Supreme Court |
Saml. F. Rice, for plaintiffs in error.
John T. Morgan, for defendant in error.
This case cannot be distinguished in principle from St. Louis, I. M. & S. Ry. Co. v. McGee, 115 U. S. 469, S. C. ante, 123, decided at the present term. The suit was ejectment to recover the possession of certain tracts of land granted June 3, 1856, by an act of congress to the state of Alabama to aid in building a railroad 'from Gadsden to connect with the Georgia and Tennessee and Tennessee line of railroad through Chattanooga, Wills, and Lookout valleys.' 11 St. 17, c. 41. Sections 3 and 4 of this act are identical with sections 4 and 5 of the act involved in McGee's Case, and they provided that if the road was not completed in 10 years, all unsold land should revert to the United States. On the thirtieth of January, 1858, the legislature of Alabama by a joint resolution transferred this grant to the Wills Valley Railroad Company, 'to be used and applied by said company upon the terms, conditions, and under restrictions in said act of congress contained.' Sess. Laws Ala. 1857-58, p. 431. On the twenty-ninth of June, 1860, the lands involved in this suit were certified to the state by the commissioner of the general land-office under the grant, and on the twentieth of February, 1861, they were sold by the company to Larmore, the defendant, and certain other persons, who paid the purchase money and entered into possession. The proceeds of the sale were used in building the road, and on the seventh of June, 1866, the company conveyed the lands in fee-simple to the purchasers 'against the claim and title of the said Wills Valley Railroad Company, and of any person or persons claiming under said company.' The other grantees named in the deed have since conveyed all their interest to Larmore, who is now in possession. The road was not completed within 10 years after the passage of the act of congress, and on the tenth of April, 1869, another act was passed, entitled 'An act to renew certain grants of land to the state of Alabama,' (16 St. 45, c. 24,) by which this grant was 'revived and renewed.' The name of the Wills Valley Railroad Company was changed to Alabama & Chattanooga Railroad Company, in 1868, and on the second 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....
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