United States v. MacMillan

OPINION

BRUCE R. THOMPSON, District Judge.

This is an action to declare the title to Lot 5, Section 31, T. 33 N, R. 49 E., M. D. M. Nevada, consisting of approximately 12.57 acres of land. Plaintiff, United States, claims the tract is now and always has been public domain. Defendants Dorothe Macmillan, Administratrix, and Day Cattle Co. defend on the basis of mesne conveyances originating from a patent issued to the Central Pacific Railway Company as required by certain Acts of Congress. The State of Nevada intervened as a party plaintiff because it has taken and claims the right to take gravel…