United States v. Colton Marble & Lime Co.
Supreme Court of the United States
APPEALS PROM THE CIRCUIT COURT OP THE UNITED STATES POR THE SOUTHERN DISTRICT OP CALIFORNIA. These cases were similar in many respects to those of The United States y. The Southern Pacific Railroad Company et al., just decided.
Read the full summary
APPEALS PROM THE CIRCUIT COURT OP THE UNITED STATES POR THE SOUTHERN DISTRICT OP CALIFORNIA. These cases were similar in many respects to those of The United States y. The Southern Pacific Railroad Company et al., just decided. The lands involved were within the granted limits of the Southern Pacific Railroad Company, and the indemnity limits of the Atlantic and Pacific Railroad Company, and the contention on the part of the government was, that because they were within such indemnity limits they were not of the lands granted or intended to be granted to the Southern Pacific Company. In the…
1Opinion of the CourtJustice Brewer
The ordinary rule with respect to lands within indemnity limits is, that no title passes until selection. Where, as here, the deficiency within the granted limits is so great that' all the indemnity lands will not make good the loss, it has been held, in a contest between two railroad companies, that no formal selection was necessary to give them to the one having the older grant, as against the other company. St. Paul & Pacific Railroad v. Northern Pacific Railroad, 139 U. S. 1. And if the Atlantic and Pacific Company had ■ constructed its road, it would be difficult in the light of that…
2Cases cited1 opinion
- St. Paul & Pacific Railroad v. Northern Pacific RailroadSupreme Court of the United States · 1891
3Cited by34 opinions
- Southern Pacific Railroad v. United StatesSupreme Court of the United States · 1897
- United States v. Northern Pacific Railway Co.Supreme Court of the United States · 1921
- Southern Pacific Railroad v. United StatesSupreme Court of the United States · 1902
- San José Land & Water Co. v. San José Ranch Co.Supreme Court of the United States · 1903
- Owen v. Pomona Land and Water Co.California Supreme Court · 1901
29 more not listed; retrieve them via the Exa API.