Cavanaugh v. Wholey

SMITH, C.

Appeal from an order denying defendant’s motion for a new trial. The suit was brought to quiet title to the southeast quarter of section 29 of the township described in the complaint. The plaintiff deraigns title under a patent from the United States to the Central Pacific Railroad Company, of date July 27, 1895, and a deed, of date July 27, 1899, from the grantee to plaintiff, based on a contract of sale to Joseph Cavanaugh, deceased, of date July 22, 1889; in which year, and presumably before the date mentioned, the title of the railroad company became vested by the location of its…