Missouri, Kansas & Texas Railway Co. v. Cook

This case involved a dispute over land in Chetopa, Kansas between the Missouri, Kansas and Texas Railway Company and landowner J.B. Cook. The railroad company claimed the land as part of its right of way under the Act of Congress of July 26, 1866, which granted lands to aid railroad construction. The key facts showed that the railroad had definitely located its route by filing a map prior to December 24, 1867, but this route did not touch the quarter section containing the disputed land. Subsequently, in October 1869, W.A. Hodges entered and purchased the quarter section from the government, receiving a patent in 1870. Between May and June 1870, the railroad built its track on a different line about a mile east of the definite location, running through the quarter section but not encompassing the disputed land within its occupied right of way. The Supreme Court held that the route was definitely fixed by the 1867 map filing, making the grant specific. Since Hodges acquired his rights after this definite location, he took the land subject only to the right of way as located, not subject to the company's subsequent relocation. Therefore, Cook (Hodges' successor) had valid title, and the railroad company was not entitled to the disputed land outside its actually occupied right of way.

A railroad company claimed disputed land as part of its right of way under a federal land grant act, asserting rights based on an initial route map filing that did not include the land, followed by later track construction on a different line. A landowner purchased the land from the government after the initial filing but before construction, receiving a patent. The court held the route was fixed by the initial map, so the landowner took title subject only to the right of way as originally located and actually occupied, denying the railroad's claim to the disputed area outside that occupancy.

• Definite location occurred by filing map prior to December 24, 1867
• Grant was in praesenti and became fixed upon definite location
• Settler's rights acquired after definite location were not subject to subsequent relocation
• Company could not affect vested rights of third parties by changing route

• Case involves construction of Act of Congress of July 26, 1866
• Land originally part of Osage Indian treaty lands
• Case came from Kansas Supreme Court on writ of error

• Whether plaintiff had right to land under federal land grant act
• Effect of definite location of railroad route on land rights