Legal Opinion

Burke v. Southern Pacific Railroad

Supreme Court of the United States

Decided June 22, 1914No. 279, 280PublishedCited by 173 opinions

CERTIFICATE FROM THE CIRCUIT COURT OF APPEALS.FOR t THE NINTH CIRCUIT. The facts, which involve the construction and validity of patents for land issued to the Southern Pacific Railroad Company under the Land Grant Act of July 27,1866, and the effect of provisions in the patents as to the effect of subsequent discovery of minerals, are stated in the opinion.

1Opinion of the CourtJustice Van Devanter

In 1910 Edmund Burke filed a bill in equity in the Circuit Court of the United States for the Southern District of California, against the Southern Pacific Railroad Company, the Kern Trading and Oil Company, and several individuals, wherein he sought a decree establishing certain rights claimed by him in five sections of land in Fresno County, California, and enjoining the defendants from asserting any right or interest therein. A cross-bill was filed by J. I. Lamprecht and other individual defendants, and the two corporate defendants demurred to both bills. The demurrers were sustained and a…

2Cases cited37 opinions

  1. Smelting Co. v. KempSupreme Court of the United States · 1882
  2. Noble v. Union River Logging RailroadSupreme Court of the United States · 1893
  3. Knight v. United States Land Assn.Supreme Court of the United States · 1891
  4. Steel v. Smelting Co.Supreme Court of the United States · 1882
  5. Ohio Oil Company v. IndianaSupreme Court of the United States · 1900

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3Cited by173 opinions

  1. BedRoc Limited, LLC v. United StatesSupreme Court of the United States · 2004
  2. Edwards v. Cuba RailroadSupreme Court of the United States · 1925
  3. United States v. Union Pacific RailroadSupreme Court of the United States · 1957
  4. Payne v. Central Pacific Railway Co.Supreme Court of the United States · 1921
  5. Union Oil Co. of Cal. v. SmithSupreme Court of the United States · 1919

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