Legal Opinion

United States v. Southern Pacific Co.

Supreme Court of the United States

Decided November 17, 1919No. 179PublishedCited by 22 opinions

APPEAL PROM THE CIRCUIT COURT OR APPEALS FOR THE NINTH CIRCUIT.' The case is stated in the opinion. Opinion or surmise, that oil might exist, at an unknown depth, from four to ten miles from its nearest known occurrence is not convincing proof that the conditions in Í904 “were plainly such as to engénder the belief that the land contained mineral deposits of such quality and in such quantity as would, render their .extraction profitable and justify expenditures to that-…

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APPEAL PROM THE CIRCUIT COURT OR APPEALS FOR THE NINTH CIRCUIT.' The case is stated in the opinion. Opinion or surmise, that oil might exist, at an unknown depth, from four to ten miles from its nearest known occurrence is not convincing proof that the conditions in Í904 “were plainly such as to engénder the belief that the land contained mineral deposits of such quality and in such quantity as would, render their .extraction profitable and justify expenditures to that- end.” Diamond Coal Co. v... United States, 233 U. S. 236, 240. . The “belief” here referred to must be a belief practically…

1Opinion of the CourtJustice Van Devanter

‘This is a suit by the United States to cancel a patent issued December 12, 1904, to the Southern Pacific Railroad Company for eight full and two partial sections of land within the indemnity limits of the grant made to that company by an act of Congress, c. 278, 14 Stat. 292, it being charged in the bill that the railroad company fraudulently obtained the patent by falsely representing to the Land Department that the lands were not mineral but agricultural, when it was known that they were mineral. From the evidence presented the District Court found that the charge was true and entered a…

2Cases cited5 opinions

  1. Burke v. Southern Pacific RailroadSupreme Court of the United States · 1914
  2. J. J. McCaskill Co v. United StatesSupreme Court of the United States · 1910
  3. United States v. MinorSupreme Court of the United States · 1885
  4. Diamond Coal & Coke Co. v. United StatesSupreme Court of the United States · 1914
  5. Washington Securities Co. v. United StatesSupreme Court of the United States · 1914

3Cited by22 opinions

  1. People v. DenneCalifornia Court of Appeal · 1956
  2. McCall v. AndrusCourt of Appeals for the Ninth Circuit · 1980
  3. West v. Standard Oil Co.Supreme Court of the United States · 1929
  4. Missouri Pac. Rd., Thompson, Trustee v. StrohackerSupreme Court of Arkansas · 1941
  5. Standard Oil Co. of California v. United StatesCourt of Appeals for the Ninth Circuit · 1940

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