Are a part and portion of the grant made by the act of Congress to aid in the construction of a railroad from Sioux City to the State line, and are situated wholly within the granted limits, that is, within ten miles of the definitely located line of said defendant Sioux City & St. Paul Railroad Company, and not within the 'granted limits or within ten miles of the located line of said complainant, and that said Sioux City & St. Paul Railroad Company is entitled thereto, and that all of said lands in said class 3 marked "patented "have been patented by the State of Iowa to said defendant company, and that said defendant company is entitled to a patent for all the residue ofsaid lands contained in said class 3. And it further appearing to said court that the following described lands marked "class No. four (4)" to-wit: Patented s hf, ne qr of nw qr, s hf of nw qr, sw qr of ne qr.. Patented nw qr of ne qr, nw qr of nw qr, s hf of n hf, Patented se qr of ne qr, nw qr of ne qr, and se qr. Patented ne qr, sw qr, n hf of nw qr, n hf of se qr, and sw qr of se qr.. Patented ne qr, s hf, e hf of nw qr, sw qr of nw qr Patented all. ............. 9 se qr of ne qr, nw qr of nw qr, sw qr, s hf of nw, nw qr of se qr, and s hf of se qr. All n hf sw qr of ne qr, and nw qr... s hf, and s hf of n hf .... s hf of nw qr, and sw qr.. w hf. All Patented n hf, n hf of sw qr, se qr of sw qr.. Patented n hf, sw qr, n hf of se qr, se qr of se qr. Patented all. Patented n hf, se qr, n hf of sw qr and sw qr of sw qr..35 33 100 38 236.80 Patented ne qr.. Patented all Patented w hf and ne qr.. Patented all.. Patented all.. Patented e hf and sw qr.. Patented all. Patented all. Patented n hf Patented s hf.. Patented ne qr, sw qr, right of way in se qr of se qr. Are a part and portion of said grants so made by said act of Congress, and are within the overlapping limits of said grants, and are situated wholly within the indemnity limits of both of said railroads and not within the granted or ten-mile limits of either, and that said lands belong to said companies jointly, and should have been so patented to them, but that by mistake all of said lands above marked "patented have been erroneously and wrongfully patented solely to the defendant Sioux City & St. Paul Railroad Company, and that an undivided one-half interest in the lands of Class No. 4, so patented should be released by the said Sioux City & St. Paul Railroad Company to said complainant, and that the balance of said lands in said class No. 4, should be patented by the State of Iowa to said companies jointly. And it further appearing to said court that a portion of the lands of classes numbered 1, 2 and 4, so as aforesaid patented to the Sioux City & St. Paul Railroad Company, have been sold and disposed of to bona fide purchasers by the said defendant Sioux City & St. Paul Railroad Company, and the purchase money therefor received by said company, and that said defendant Sioux City & St. Paul Railroad Company should account for the whole of the proceeds of class No. 2, and an undivided one-half of the proceeds of classes No. 1 and 4 to the said 'complainant. Now, therefore, on motion of John W. Cary, of counsel for complainant, it is ordered, adjudged and decreed that all of said lands herein before mentioned and described were by said act of Congress, approved May 12, 1864, granted to the said State of Iowa in trust to aid in the building of said railroads, and belong to said grants, that said complainant, Chicago, Milwaukee & St. Paul Railway Company has fully complied with all the terms and conditions of said act of Congress granting said lands, so far as said lands were given 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 with the act of the legislature of the State of Iowa, approved February 27, 1878, conferring said grant upon the complainant, and has fully completed said railroad within the time specified in said act of Congress and said act of the legislature, and thereby has become entitled to receive all lands contained in said grant not heretofore granted by the State of lowa to other parties, and is now entitled to all said lands above described, as pertaining to said grant: And it is further ordered, adjudged and decreed that the said defendant, Sioux City & St. Paul Railroad Company has fully complied with all the conditions of said act of Congress, approved May 12, 1864, granting said lands in the State of Iowa, to aid in the construction of a railroad from Sioux City in said State, to the south line of the State of Minnesota, at such point as the said State of Iowa might select between the Big Sioux and the west fork of the Des Moines River, and with the act of legislature conferring said grant upon the said defendant, Sioux City & St. Paul Railroad Company, so far as relates to the lands in question, and fully completed the railroad within the time specified in the said act of Congress and said act of the legislature, from the State line of the said State of Minnesota, in a southerly direction to Le Mars in the State of Iowa, a distance of fifty-six and 25-100 miles, and is entitled to receive all the lands applicable to said grant from said State line of the State of Minnesota to the extent of ten sections per mile for each and every mile of road constructed, including all the lands hereinbefore described as belonging to that grant. It is further ordered, adjudged and decreed, that the several pieces and parcels of land first above mentioned as Class No. 1, are a part and portion |