Legal Opinion

Johnston v. Morris

Court of Appeals for the Ninth Circuit

Decided February 3, 1896No. 257PublishedCited by 3 opinions

In Error to tlie Circuit Court of tlie United States for tlie .Northern District of California. This was an action by Henry C. Morris against A. G. Johnston to recover jiossession of certain lands to which plaintiff claimed title under the state of California, which had selected them as indemnity school lauds. The ¡.rial below resulted in a judgment for plaintiff, and defendant thereupon sued out this writ of error.

1Opinion of the Court

MORROW, District Judge.

By tlie act. of congress approved July 27, 1866 (14 Stat. 292), certain odd-numbered sections of land were granted to tlie Atlantic & Pacific Railroad Company, to aid in the construction of a railroad and telegraph line from the states of Missouri and Arkansas to the Pacific coast. Section 18 of this act authorized the Southern Pacific Railroad Company to connect with die Atlantic & Pacific Railroad at such point near the boundary of California as should be deemed most suitable for a railroad line to San Francisco; and, to aid in the construction of such railroad, it…

2Cases cited5 opinions

  1. United States v. Union Pacific RailroadSupreme Court of the United States · 1875
  2. Platt v. Union Pacific RailroadSupreme Court of the United States · 1879
  3. Wolsey v. ChapmanSupreme Court of the United States · 1880
  4. Catholic Bishop of Nesqually v. GibbonSupreme Court of the United States · 1895
  5. Smith v. TownsendSupreme Court of the United States · 1893

3Cited by3 opinions

  1. United States v. Standard Oil Company of CaliforniaDistrict Court, S.D. California · 1937
  2. Hibberd v. SlackU.S. Circuit Court for the District of Southern California · 1897
  3. Desert Water, Oil & Irrigation Co. v. StateCalifornia Supreme Court · 1914

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