United States v. Southern Pac. R.

When these cases, which wore argued and submitted together, were before the court on demurrers to the amended bills, (39 *598Fed. Rep. 182,) it was held that the grant to the Atlantic & Pacific Railroad Company of date July 27, 1866, conferred upon that company no right of any nature to any particular piece of land within the indemnity limits of that grant prior to its selection, and, as a consequence, that the fact that lands were within such indemnity limits did not exclude them from the subsequent grant to the Southern Pacific Railroad Company of date March 3, 1871, because of that provision…