Campbell v. Buckman
California Supreme Court
Appeal from the District Court, Fourth Judicial District, City and County of San Francisco. On the 1st day of July, 1862, Congress passed an Act to aid in the construction of a railroad and telegraph line from the Missouri river to the Pacific ocean, by which Act, and an amendment thereto, passed July 2, 1864, there was granted to the Central Pacific Bailroad Company of California, the alternate odd sections of public" land within a belt of ten miles on each side of the…
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Appeal from the District Court, Fourth Judicial District, City and County of San Francisco. On the 1st day of July, 1862, Congress passed an Act to aid in the construction of a railroad and telegraph line from the Missouri river to the Pacific ocean, by which Act, and an amendment thereto, passed July 2, 1864, there was granted to the Central Pacific Bailroad Company of California, the alternate odd sections of public" land within a belt of ten miles on each side of the road. On or about the said 1st day of October, 1864, said company assigned to the Western Pacific Bailroad Company, the…
1Opinion of the CourtChief Justice Wallace
delivered the following opinion, in which Mr. Justice Niles concurred:
Sanger, agent for the railroad company, in making the application to the Land Department for the patent, upon which the plaintiff now relies, is found by the Court below to have “falsely and fraudulently stated, and represented that all of the lands in said list contained (including the premises in controversy), were vacant, unappropriated and not reserved,” etc., and'an important question of fact put in issue by the pleadings was as to whether the officers of the Land Department were deceived and misled thereby into the…
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