Central Pacific R.R. Co. v. McCann
California Supreme Court
APPEAL from a judgment of the Superior Court of Placer County. J. E. Prewett, Judge. The facts are stated in the opinion.
1Opinion of the Court
COOPER, C.
—Defendant’s demurrer to the third amended complaint having been sustained, judgment was entered in his favor. This appeal is by plaintiff from the judgment and for the purpose of reviewing the order sustaining the demurrer. The complaint, which is in ejectment, shows that the lands described therein vested in plaintiff under an act of Congress of July 1, 1868, unless a pre-emption claim of one David Shay had attached thereto at the time the line of plaintiff’s road was definitely fixed, which was prior to November 15, 1867, hut the date is riot given. Section 3 of the act is as…
2Cases cited6 opinions
- Kansas Pacific Railway Co. v. DunmeyerSupreme Court of the United States · 1885
- Whitney v. TaylorSupreme Court of the United States · 1895
- Northern Pacific Railroad v. ColburnSupreme Court of the United States · 1896
- Lansdale v. DanielsSupreme Court of the United States · 1879
- Upham v. HoskingCalifornia Supreme Court · 1882
1 more not listed; retrieve them via the Exa API.