34 F. 835 | U.S. Circuit Court for the District of Northern Iowa | 1888
The bill filed in this case avers that by tbe act of congress of May 12, 1864, there was granted to the state of Iowa every alternate section of land designated by odd numbers for 10 sections in width on each side of a projected line of railroad to be built from Sioux City to the Minnesota state lino, with a provision that all lands already sold or granted by the United States within such sections should ho made good by sections to be taken from the lands of the United States nearest to the designated sections; that by an act of tbe general assembly of the
Jurisdiction in the court to entertain the bill is predicated upon the act of congress approved March 8, 1887. Whether this is one of the class of cases which come within the provisions of the act, and of which the circuit court can entertain jurisdiction, is a question which has not been discussed, and which will not bo considered or determined at the present time. Assuming, however, for the purposes of the present application, that jurisdiction exists, should the motion for the temporary injunction be granted? It will be noticed that the only defendant to the bill is the United States. The individual pre-emptors, although named in the bill, are not made parties thereto, nor are the officers of the general