Whitney v. Taylor
Supreme Court of the United States
ERROR TO THE CIRCUIT COURT OF THE UNITED STATES FOR THE NORTHERN DISTRICT OF CALIFORNIA. The controversy in this case is in respect to the title to the southeast quarter of section 33, township 12 north, range 7 east, Mount Diablo meridian, in the State of California. The land is within the granted limits of the Central Pacific Railroad Company, Act. of July 1, 1862, c. 120,12 Stat. 189, and the plaintiff claiins under and by virtue "of mesne conveyances from that company.
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ERROR TO THE CIRCUIT COURT OF THE UNITED STATES FOR THE NORTHERN DISTRICT OF CALIFORNIA. The controversy in this case is in respect to the title to the southeast quarter of section 33, township 12 north, range 7 east, Mount Diablo meridian, in the State of California. The land is within the granted limits of the Central Pacific Railroad Company, Act. of July 1, 1862, c. 120,12 Stat. 189, and the plaintiff claiins under and by virtue "of mesne conveyances from that company. The company filed its map of definite location on March 26. 1861, and fully constructed its road by the 10th of July,…
1Opinion of the CourtJustice Brewer
This case turns upon the question whether on March 26, 1864, at the time of the filing by the railroad company of its map. of definite location, the tract in controversy was public land of the United States, and therefore passing under the grant to the company, or was excepted therefrom by reason of the previous declaratory statement of Jones. In Kansas Pacific Railway v. Dunmeyer, 113 U. S. 629, 644, one Miller had made a homestead entry on the land in controversy prior to the filing of the map of definite location. Thereafter he abandoned his homestead claim, and the contention was that…
2Cases cited11 opinions
- Johnson v. TowsleySupreme Court of the United States · 1871
- Witherspoon v. DuncanSupreme Court of the United States · 1867
- Hastings & Dakota Railroad v. WhitneySupreme Court of the United States · 1889
- Kansas Pacific Railway Co. v. DunmeyerSupreme Court of the United States · 1885
- Newhall v. SangerSupreme Court of the United States · 1876
6 more not listed; retrieve them via the Exa API.
3Cited by59 opinions
- Shiver v. United StatesSupreme Court of the United States · 1895
- Northern Pacific Railroad v. SandersSupreme Court of the United States · 1897
- Northern Pacific Railroad v. ColburnSupreme Court of the United States · 1896
- Tarpey v. MadsenSupreme Court of the United States · 1900
- Northern Pacific Railway Co. v. De LaceySupreme Court of the United States · 1899
54 more not listed; retrieve them via the Exa API.