Legal Opinion

Southern Pacific Railroad v. Terry

California Supreme Court

Decided August 27, 1886No. 11439PublishedCited by 2 opinions

Appeal from a judgment of the Superior Court of San Bernardino County, and from an order refusing a new trial. The facts are stated in the opinion of the court.

1Opinion of the CourtMcKee, J.

This is an action of ejectment. The demanded premises are a portion of the railroad lands of the Southern Pacific Eailroad Company, the plaintiff in the action.

Defendant settled upon the lands under the provisions of a printed circular issued by the railroad company, inviting settlers to go upon its lands and occupy and use them until such times as it would be ready to sell, when, upon an application to buy, made to the land agent of the company, the company would sell, at prices based upon the value of the lands, “to such persons as were then in possession by occupation and cultivation or…

2Cases cited3 opinions

  1. Whittier v. StegeCalifornia Supreme Court · 1882
  2. Central Pacific Railroad v. MuddCalifornia Supreme Court · 1881
  3. Boyd v. BrinckinCalifornia Supreme Court · 1880

3Cited by2 opinions

  1. Crosby v. ClarkCalifornia Supreme Court · 1901
  2. Billings v. SandersonMontana Supreme Court · 1888

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