Southern Pacific Railroad v. Garcia
California Supreme Court
Appeal from a judgment of the Superior Court of Los Angeles County, and from an order refusing a new trial. The action was ejectment. Plaintiff claimed under a patent of the United States issued in 1876 in pursuance of the withdrawal from sale of the lands in controversy on April 13, 1871, under an act of Congress to aid in the construction of its railroad.
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Appeal from a judgment of the Superior Court of Los Angeles County, and from an order refusing a new trial. The action was ejectment. Plaintiff claimed under a patent of the United States issued in 1876 in pursuance of the withdrawal from sale of the lands in controversy on April 13, 1871, under an act of Congress to aid in the construction of its railroad. The defendant settled upon the land in 1873, and relied upon the pre-emption right, and claimed that plaintiff’s patent was void because the lands were within the exterior limits of the Mexican grant Tajauta, at the date of the withdrawal…
1Opinion of the CourtSharpstein, J.
If the demanded premises were not on the 13th day of April, 1871 (the date of the withdrawal from sale, etc., of public lands granted to the plaintiff), within the exterior boundaries of a Mexican grant (the Tajauta), the plaintiff is entitled to recover in this action; and the judgment and order appealed from must be reversed. The defendant did *517not settle on this land until December 18, 1873, and if it had previously been withdrawn from sale, etc., it was not open for pre-emption, and the defendant, by virtue of said settlement, acquired no right to it as against the plaintiff. If this land…
2Cases cited2 opinions
- Carr v. QuigleyCalifornia Supreme Court · 1881
- McLaughlin v. HeidCalifornia Supreme Court · 1883
3Cited by2 opinions
- Williams v. City of San Pedro Etc. Co.California Supreme Court · 1908
- Carr v. QuigleyCalifornia Supreme Court · 1887