David Josiah Brewer

“ The title of the plaintiff rests upon an agreement between the two railroad companies settling all differences between themselves as to the lands within the place limits of each road, a patent from the state of Wisconsin to the Omaha Company in pursuance of such agreement, and a deed from the latter to himself. ”

“ If a withdrawal of land beyond the terminus of a grant can be sustained, as it was in that case, equally so should be one made in anticipation of the locations of two lines of road, which locations were as yet undetermined, and might be such as to bring almost any portion of the lands withdrawn within the indemnity limits of the grant. ”

“ This was an action of ejectment brought by the plaintiff in error, plaintiff below, in the circuit court of the United States for the Western district of Wisconsin, to recover possession of the E. 1/2 of the S. W. 1/4 and the E. 1/2 of the N. W. 1/4 of section No. 7 in township No. 47 N., of range No. 4 W., in the county of Ashland and state of Wisconsin.
The land, found by the jury to be worth $16,000, is situated within the limits of the city of Ashland, more than 6 and less than 10 miles from the Bayfield Branch of the Chicago, St. ”