Barden v. Northern Pacific Railroad Company‪.‬

This action is brought for the possession of certain parcels or lots of mineral land claimed by the plaintiff below -- the defendant in error here -- as embraced in the grant of the United States of July 2, 1864. The facts constituting the claim of the plaintiff are set forth at length in the complaint, and to their sufficiency the defendants demurred as not constituting a cause of action, or entitling the plaintiff to the relief prayed. The lots are there conceded to be mineral lands, and the grant of the government applies in terms only to lands other than mineral.