Legal Opinion

Southern Pac. R. v. Brown

U.S. Circuit Court for the District of Southern California

Decided May 13, 1895PublishedCited by 1 opinion

Actions by the Southern Pacific Railroad Company against David R. Brown and others, and Nathaniel Bray and others, to determine the title to land.

1Opinion of the Court

ROSS, Circuit Judge.

There is hut a single question in these cases, which have been submitted together and upon the same briefs, and that is whether the lands which have been patented to the defendants Brown and Bray, respectively, passed by or were excluded from the grant made by congress to the complainant company March 3, 1871 (16 Stat. p. 573). Confessedly, they are parts of odd sections, and are situated within the primary or 20-inile limits of that line of complainant’s road, as located, built, and accepted, that the grant of March 3, 1871, was made to aid; and, if they were public lands…

2Cases cited3 opinions

  1. Newhall v. SangerSupreme Court of the United States · 1876
  2. United States v. McLaughlinSupreme Court of the United States · 1888
  3. United States v. Southern Pac. R.U.S. Circuit Court for the District of Southern California · 1891

3Cited by1 opinion

  1. United States v. Southern Pac. R.District Court, S.D. California · 1903

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