Legal Opinion

Southern Pac. R. v. Townsend

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

Decided May 28, 1894PublishedCited by 6 opinions

This was si suit by the Southern Pacific Railroad Company against James R. Townsend and Rig Rock Greek Irrigation District, a corporation, to enforce a contract for the sale of land by complainant to defendant Townsend. The suit was brought in a court of the stale of California, and, after the filing of a demurrer by defendant Townsend, was removed, on petition of defendant Big Rock Creek Irrigation District, to the circuit court of the United States.

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This was si suit by the Southern Pacific Railroad Company against James R. Townsend and Rig Rock Greek Irrigation District, a corporation, to enforce a contract for the sale of land by complainant to defendant Townsend. The suit was brought in a court of the stale of California, and, after the filing of a demurrer by defendant Townsend, was removed, on petition of defendant Big Rock Creek Irrigation District, to the circuit court of the United States. Complainant moved to remand the cause to the stale court.

1Opinion of the Court

ROSS, District Judge.

This suit was brought in the superior court of Los Angeles county. To the bill, James R. Townsend and a corporation styled Rig Rock Creek Irrigation District are made defendants, and in it it is alleged that at a certain stated date the complainant was the owner and seised in fee of certain lands designated according to subdivisions of the public surveys of the United Stales, situated in Los Angeles county, Cal., and aggregating 1,435.68 acres, which the complainant then agreed in writing to sell, and defendant Townsend to buy, for the sum of $3,589.20 in United States…

2Cases cited3 opinions

  1. Mitchell v. SmaleSupreme Court of the United States · 1891
  2. Lewis v. HawkinsSupreme Court of the United States · 1875
  3. Burnett v. CaldwellSupreme Court of the United States · 1870

3Cited by6 opinions

  1. Garrard v. Silver Peak MinesU.S. Circuit Court for the District of Nevada · 1896
  2. Bates v. CarpentierU.S. Circuit Court for the District of Northern California · 1899
  3. Rodriguez v. Union Oil Co.District Court, S.D. California · 1954
  4. Hunter v. ConradU.S. Circuit Court for the District of Rhode Island · 1898
  5. Martin v. St. Louis S. W. Ry. Co. of TexasU.S. Circuit Court for the District of Western Texas · 1904

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