Southern Pac. R. v. Wiggs
U.S. Circuit Court for the District of Northern California
This is a bill in equity seeking a decree declaring void and annulling a patent of the United States to a quarter section of land claimed by the complainant, as a part of the land granted to it to aid in the construction of its railroad under the act of congress of July 27, 1866, found in Id St. 292. The land lies outside of the 20-mile limit, and within the 80-niilo limit fixed by the statute, and being a portion of the land which the complainant was authorized to select to…
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This is a bill in equity seeking a decree declaring void and annulling a patent of the United States to a quarter section of land claimed by the complainant, as a part of the land granted to it to aid in the construction of its railroad under the act of congress of July 27, 1866, found in Id St. 292. The land lies outside of the 20-mile limit, and within the 80-niilo limit fixed by the statute, and being a portion of the land which the complainant was authorized to select to make up for any deficiency that might be found in the odd sections within the 20-mile limit by reason of a prior…
1Opinion of the CourtSawyer, J.
(stating the facts as above.) Upon the facts stated, the question arises, whether the lands, under the statute, were open to preemption by the respondent, at the time he settled upon them, for the purpose of acquiring a pre-emption right, and whether the patent, upon fulfilling the other conditions, was lawfully issued to him; or whether, on the contrary, the complainant, by the acceptance of the land grant, filing its map of definite location and building the road in all respects in accordance with the requirements of the act of congress, did not from the date of filing its map of location…
2Cases cited5 opinions
- Schulenberg v. HarrimanSupreme Court of the United States · 1875
- Van Wyck v. KnevalsSupreme Court of the United States · 1882
- Buttz v. Northern Pacific RailroadSupreme Court of the United States · 1886
- Ryan v. Railroad Co.Supreme Court of the United States · 1879
- Denny v. DodsonUnited States Circuit Court · 1887
3Cited by5 opinions
- Grandin v. La BarNorth Dakota Supreme Court · 1893
- McHenry v. NygaardSupreme Court of Minnesota · 1898
- Brace v. SolnerDistrict Court, D. Alaska · 1901
- United States v. Southern Pac. R.U.S. Circuit Court for the District of Southern California · 1891
- Grandin v. La BarNorth Dakota Supreme Court · 1893