Southern Pacific Railroad v. Purcell

Hayne, C.

Ejectment. The court below gave judgment for the plaintiff, and the defendant appeals.

1. The plaintiff introduced a patent from the United States, made in pursuance of a legislative grant. The defendant made a series of objections, all of which were based upon the ground that certain matters necessary to the validity of the patent had not been shown, and these objections are urged as reasons for the reversal of the judgment. The objections are not well taken. A patent, whether conclusive or not, is at least prima facie valid, and is presumptive evidence that all preliminary…