Legal Opinion

United States v. Southern Pac. R.

U.S. Circuit Court for the District of Southern California

Decided January 21, 1907No. 1,196PublishedCited by 1 opinion

In Equity. Suit to adjust land grant. Stipulation as to Evidence. Down to subdivision 5 this stipulation is the same as subdivisions 1, 2, 3, and. 4 of the stipulation in case 1,114 (152 Fed. 303). Subdivision 5. Item 35. The northeast quarter of northeast quarter (N. E. ¼ of N. E. ¾) of section seven (7), in township six (6) north, range eight (8) west, San Ber-nardino base and meridian, is situated within primary limits of the land grant made unto the Atlantic & Pacific…

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In Equity. Suit to adjust land grant. Stipulation as to Evidence. Down to subdivision 5 this stipulation is the same as subdivisions 1, 2, 3, and. 4 of the stipulation in case 1,114 (152 Fed. 303). Subdivision 5. Item 35. The northeast quarter of northeast quarter (N. E. ¼ of N. E. ¾) of section seven (7), in township six (6) north, range eight (8) west, San Ber-nardino base and meridian, is situated within primary limits of the land grant made unto the Atlantic & Pacific Railroad Company by the hereinbefore mentioned act of Congress of July 27, 1866, and within indemnity limits of the land…

1Opinion of the Court

ROSS, Circuit Judge.

The agreed statement of facts shows that one of the two tracts of land involved in this suit is situated within the primary, and the other within the indemnity, limits of the grant made by Congress to the Atlantic & Pacific Railroad Company by Act July 27, 1866, c. 278, 14 Stat. 292. Neither of the tracts is within the *316grant made by the same act to the Southern Pacific Railroad Company, but the latter company claimed them under the grant made to it by Act Cong. March 3, 1871, c. 133, 16 Stat. 573, under which it undertook to select them as indemnity land given it by that…

2Cases cited7 opinions

  1. Southern Pacific Railroad v. United StatesSupreme Court of the United States · 1897
  2. United States v. Southern Pacific RailroadSupreme Court of the United States · 1892
  3. Southern Pacific Railroad v. United StatesSupreme Court of the United States · 1906
  4. Southern Pacific Railroad v. United StatesSupreme Court of the United States · 1902
  5. United States v. Southern Pacific RailroadSupreme Court of the United States · 1902

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3Cited by1 opinion

  1. United States v. Southern Pac. R.U.S. Circuit Court for the District of Southern California · 1907

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