David Josiah Brewer

“ The rule is that where two lines of road are aided by land grants made by the same act, and the lines of those roads cross or intersect, the lands within the 'place' limits of both, at the crossing or intersection, do not pass to either company, in preference to the other, no matter which line may be first located, or road built, but pass, in equal, undivided moieties, to each. ”

“ On that ground it was held by the circuit court that the lands, at the time of the second certification to the state, to wit, that in satisfaction of the canal grant, were wholly released from the operation of the railroad grant, and were subject to selection and certification for the benefit of the canal company, and that such selection and certification operated to pass to it a full title,-a title which could not be defeated by any subsequent entry by the defendant for either homestead or pre-emption. ”

“ The case turns, therefore, on the effect of the releases to the state and by it to the United States.
By the original act of June 3, 1856, grants of land were made in aid of the construction of two roads,-one from Marquette to the state line, and one from Ontonagon to the state line. These grants were bestowed by the state of Michigan, separately, on the Marquette and Ontonagon Companies. ”