Southern Pac. R. v. Orton
United States Circuit Court
This is an action to recover possession of certain lands situate in Tulare county. The plaintiff claims title under a congressional grant made to aid in the construction of the Southern Pacific Railroad, and a patent issued in pursuance of the grant; and the defendant claims as a pre-emptioner. The Southern Pacific ltailroad Company became duly incorporated under the general statute of the stale of California of 1801, providing for the incor-pore.
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This is an action to recover possession of certain lands situate in Tulare county. The plaintiff claims title under a congressional grant made to aid in the construction of the Southern Pacific Railroad, and a patent issued in pursuance of the grant; and the defendant claims as a pre-emptioner. The Southern Pacific ltailroad Company became duly incorporated under the general statute of the stale of California of 1801, providing for the incor-pore. Jon of railroad companies, (St. 1801, 607,) by filing its articles of association in the office of the secretary of state on December 2, 1805. The…
1Opinion of the Court
Sawyer, J.,
(after stating the facts.) This ease has been argued with great ability by the counsel on both sides. It presents a question of great importance, as upon the decision of the points raised by defendant apparently depends the validity of the entire land grant made by congress to aid in the construction of the Southern Pacific Railroad under the act of 1860. If some of the points made are tenable, then, the legislature of California, and the United States congress, both in their original and subsequent legislative action; the officers of the Southern Pacific Railroad Company, and…
2Cases cited21 opinions
- Gelpcke v. DubuqueSupreme Court of the United States · 1864
- Leavenworth, Lawrence, & Galveston Railroad v. United StatesSupreme Court of the United States · 1876
- Schulenberg v. HarrimanSupreme Court of the United States · 1875
- TERRETT & OTHERS v. Taylor & OthersSupreme Court of the United States · 1815
- Van Wyck v. KnevalsSupreme Court of the United States · 1882
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3Cited by11 opinions
- City of Indianapolis v. NavinIndiana Supreme Court · 1897
- Smith v. Indianapolis Street Railway Co.Indiana Supreme Court · 1902
- In re Application of the Bank of CommerceIndiana Supreme Court · 1899
- Pilliod v. Angola Railway & Power Co.Indiana Court of Appeals · 1910
- Southern Pac. Co. v. Board of Railroad Com'rsU.S. Circuit Court for the District of Northern California · 1896
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