San José Land & Water Co. v. San José Ranch Co.
Supreme Court of the United States
ERROR TO THE SUFREME COURT OF THE STATE OF CALIFORNIA. This was an action brought in 1889 by the Land and Water Company, under the Code of Civil Procedure of California, to quiet the title of the plaintiff and determine the nature of the adverse claim of the defendant, to the half of a quarter- section of land, which had been sold by the Southern Pacific Bailroad Company February 28, 1887, to plaintiff’s predecessors in title as part of its land grant of 1871. The case was…
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ERROR TO THE SUFREME COURT OF THE STATE OF CALIFORNIA. This was an action brought in 1889 by the Land and Water Company, under the Code of Civil Procedure of California, to quiet the title of the plaintiff and determine the nature of the adverse claim of the defendant, to the half of a quarter- section of land, which had been sold by the Southern Pacific Bailroad Company February 28, 1887, to plaintiff’s predecessors in title as part of its land grant of 1871. The case was tried in 1890, though the decree was not entered until 1897.- The facts found by the court were substantially that the…
1Opinion of the CourtJustice Brown
Motion is made to dismiss this writ of error upon the ground that no Federal right, title, privilege or immunity was “ specially set up or claimed ” by the plaintiff in errór, as required by the third clause of Rev. Stat., sec.,109. None such appears in the complaint, although we think it sufficiently appears in the motion for a new trial and. in the assignments of error in the state Supreme Court. It also appears from the opinion of the court that plaintiff relied upon the act of Congress of March 3,1881, for the readjustment of land grants, 24 Stat. 556, and the question considered by the…
2Cases cited11 opinions
- Murdock v. City of MemphisSupreme Court of the United States · 1875
- Mallett v. North CarolinaSupreme Court of the United States · 1901
- Philadelphia Fire Assn. v. New YorkSupreme Court of the United States · 1886
- United States v. Southern Pacific RailroadSupreme Court of the United States · 1892
- Williams v. NorrisSupreme Court of the United States · 1827
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3Cited by23 opinions
- Whitney v. CaliforniaSupreme Court of the United States · 1927
- North Carolina Railroad v. ZacharySupreme Court of the United States · 1914
- St. Louis, Iron Mountain & Southern Railway Co. v. TaylorSupreme Court of the United States · 1908
- Chambers v. Baltimore & Ohio RailroadSupreme Court of the United States · 1907
- New York Ex Rel. Bryant v. ZimmermanSupreme Court of the United States · 1928
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