Stephen Johnson Field

“ The main question here, as in the case mentioned, is, when was the route of the road to be considered as 'definitely fixed,' so that the grant attached to the adjoining sections? In the case mentioned we held that the route must be considered as 'definitely fixed' when it had ceased to be the subject of change at the volition of the company; that until the map designating the route of the road was filed with the secretary of the interior, the company was at liberty to adopt such a route as it might deem best, after an examination of the ground had disclosed the advantages of different routes. ”

“ At the time of his purchase no instructions had been received from the land department of the government that the lands were withdrawn from market, and he made his purchase without any actual knowledge of the filing of the company's map with the secretary, or of his order to withdraw the lands from market. Subsequently the company applied to the land department for a patent of the lands, and tendered the necessary fees and charges. ”

“ It appears from the agreed statement of facts that previous to the twenty-first of March, 1870, the engineers of the railway company surveyed and staked out upon the ground the proposed line of the road, made a topographical map of the country through which the line ran, showing the government surveys and the proposed route with reference to the section lines, and the towns, counties, and rivers ”