Are a part and portion of the grants so made by said act of Congress, and are within the overlapping limits of said grants, and are all situated within the granted limits: that is, within ten miles of the definitely located line of each of said railroads; and that said companies are jointly entitled to said lands, and that patents therefor should have been issued by the State of Iowa to the said companies jointly for all of said lands, but that, by mistake, all of said lands above marked as "patented" have been erroneously

*NOTE.-SW of SE, 5, 95, 42, not in grant: it is the section without said 40 acres, and the quantity is 590.82 acres.

and wrongfully patented by the State solely to the defendant, Sioux City & St. Paul Railroad Company; and that an undivided one half interest in the lands so patented should be released by said defendant Sioux City & St. Paul Railroad Company to said complainant, and that the balance of said lands not patented by the State should be patented to said complainant and said defendant Sioux City & St. Paul Railroad Company jointly.

And it further appearing that the following described lands, marked "Class No. 2," to-wit:

CLASS NO. TWO (2).

Lands within the ten-mile limits of the C., M. & St. P. R'y, but outside the tenmile limits of the S. C. & St. P. R’y.

are a part and portion of said grants, so made by said Act of Congress to aid in the construction of a railroad from the foot of Main Street, South McGregor, in the State of Iowa, in a westerly direction, by the most practicable route on or near the forty-third parallel of north latitude, until it should intersect the road running from Sioux City to the Minnesota State line in the county of O'Brien in said State, and are situated wholly within the granted limits; that is, within ten miles of the definitely located line of said complainant, and not within the granted limits or within ten miles of the located line of the said defendant Sioux City & St. Paul Railroad Company, and that the complainant is entitled thereto and that patents should have been issued therefor to said complainant, but that by mistake all of said lands of said class 2, marked "patented," have been erroneously and wrongfully patented to the defendant Sioux City & St. Paul Railroad Company, and that said last named company should release said lands to said complainant, and that all the rest and residue of said lands of said class 2, not marked as patented, should be patented to the said complainant by said State of Iowa.

And it further appearing to said court that the following described lands, marked "Class No. Three (3)," to-wit:

CLASS NO. THREE (3).

Lands within the ten-mile limits of the S. C. & St. P. R'y, but outside the ten-mile limits of the C., M. & St. P. R'y.

Patented all.

Patented w hf of nw (and right of way).

Patented all..

Patented all.

Patented all

Patented all.

Patented all.

Patented all.

Patented all.

Patented all.

Patented all.

Patented n hf of ne qr, hf of nw qr, and sw qr....

Patented s fr hf, e hf of ne qr, and nw qr of ne qr...