Southern Pacific Railroad v. McCusker
California Supreme Court
Appeal from a judgment of the Superior Court of Monterey County, and from an order refusing a new trial. The action was brought to quiet title to certain lands.
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Appeal from a judgment of the Superior Court of Monterey County, and from an order refusing a new trial. The action was brought to quiet title to certain lands. The plaintiff claimed title under a United States patent issued to it in 1875, in pursuance of the Act of Congress of July 27, 1866, and resolution of June 28,1870. The defendants claimed under a patent from the State of California for swamp and overflowed lands, dated and issued in 1868. The land in controversy was and always had been swamp and overflowed land, within the meaning of the Act of Congress of September 28, 1850.
1Opinion of the CourtRoss, J.
If in an action of ejectment based on a patent purporting to have been issued in pursuance of the grant by Congress to the railroad company, it is competent for the defendant to attack the validity of the patent on the ground that the land embraced in it was included within the exterior limits of a tract of land claimed as a Mexican grant, and therefore excepted from the congressional grant, as was held by a majority of this court in McLaughlin v. Heid, 63 Cal. 208, it is competent in an action to quiet title based on a similar patent for the defendant to show that the land included in it was…
2Cases cited1 opinion
- McLaughlin v. HeidCalifornia Supreme Court · 1883
3Cited by5 opinions
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- United Land Ass'n v. KnightCalifornia Supreme Court · 1890