Weaver v. Fairchild
California Supreme Court
Appeal from the District Court, Fifth Judicial District, County of San Joaquin. Ejectment to recover the southwest quarter of section twenty-nine, township two south, range five east, Mount Diablo meridian. The land was within the limits of the grant to the Central Pacific Railroad Company of California. The plaintiffs claimed under the Western Pacific Railroad Company.
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Appeal from the District Court, Fifth Judicial District, County of San Joaquin. Ejectment to recover the southwest quarter of section twenty-nine, township two south, range five east, Mount Diablo meridian. The land was within the limits of the grant to the Central Pacific Railroad Company of California. The plaintiffs claimed under the Western Pacific Railroad Company. The latter company was the successor in interest of the Central Pacific, of the lands granted to the latter company between the Bay of San Francisco and Sacramento. The plaintiffs introduced in evidence a patent from the…
1Opinion of the Court
By the Court:
The case turns on the question, was it proved that the line of the railroad was definitely fixed before the declaratory statement of the defendant, as pre-emptor, was offered for filing?
The seventh section of the act of July 1, 1862 (amended in the act of July 2, 1864, by extending the time one year), provides: “That within two years after the passage of this act said company shall designate the general route of said road, as near as may be, and shall file a map of the same in the Department of the Interior, whereupon the Secretary of the Interior shall cause the lands within…
2Cited by2 opinions
- Powers v. HitchcockCalifornia Supreme Court · 1900
- Central Pacific R.R. Co. v. McCannCalifornia Supreme Court · 1899