Cent.l Pac. R.R. Co. v. Howard
California Supreme Court
Appeal from the District Court, Tenth Judicial District, County of Colusa. This is the second appeal. The principal facts" will be found in the former report, 50 Cal. 230. On the second trial it was stipulated that a patent for the land taxed had been issued to the plaintiff by the United States on the 17th of March, 1875; that on the first Monday in March, 1874, one hundred and forty .miles of the railroad, from Beading, Tehama County, to the Oregon line, remained to be…
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Appeal from the District Court, Tenth Judicial District, County of Colusa. This is the second appeal. The principal facts" will be found in the former report, 50 Cal. 230. On the second trial it was stipulated that a patent for the land taxed had been issued to the plaintiff by the United States on the 17th of March, 1875; that on the first Monday in March, 1874, one hundred and forty .miles of the railroad, from Beading, Tehama County, to the Oregon line, remained to be completed; and that, prior to the first Monday in March, 1874, Commissioners to examine plaintiff’s railroad and telegraph…
1Opinion of the Court
A complete equitable title had not vested is appellant prior to the first Monday in March, 1874, and at that\date there remained in the United States something more than\the dry legal title, to wit, the reversion or the right to a return df the lands upon failure of the appellant to comply with the conditions of the act of Congress. \
“ While we recognize the doctrine heretofore laid ¡down by this Court, that lands sold by the United States may bel taxed before they have parted with the legal title by issuing a pxatent, it is to be understood as' applicable to cases where the rigiht to the…
2Cases cited7 opinions
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- Whitney v. GundersonWisconsin Supreme Court · 1872
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3Cited by7 opinions
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- People v. DonnellyCalifornia Supreme Court · 1881
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