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Southern Pacific Railroad v. McCusker

THE SOUTHERN PACIFIC RAILROAD COMPANY OF CALIFORNIA v. DANIEL McCUSKER THOMAS WALKER

Southern Pac. R.R. v. McCusker, 7 P. 122 (Cal. 1885)
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Court
California Supreme Court · State Highest Courts
Decided
May 25, 1885
Docket
No. 8333
Judges
Ross
Citations
7 P. 12267 Cal. 671885 Cal. LEXIS 546
Syllabus
Gbant by Congebess—Patent—Swamb Land—Action to Qciet Thee.—In an action to quiet title based upon a patent purporting to have been issued in pursuance of the grant by Congress to the Southern Pacific Bailroad Company, the defendant may show that the land included in the patent was swamp and overflowed land, and therefore excepted from the congressional grant.
Summary
Appeal from a judgment of the Superior Court of Monterey County, and from an order refusing a new trial. The action was brought to quiet title to certain lands. The plaintiff claimed title under a United States patent issued to it in 1875, in pursuance of the Act of Congress of July 27, 1866, and resolution of June 28,1870. The defendants claimed under a patent from the State of California for swamp and overflowed lands, dated and issued in 1868. The land in controversy was and always had been swamp and overflowed land, within the meaning of the Act of Congress of September 28, 1850.

Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.

Opinion of the Court — Ross

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Ross, J.

If in an action of ejectment based on a patent purporting to have been issued in pursuance of the grant by Congress to the railroad company, it is competent for the defendant to attack the validity of the patent on the ground that the land embraced in it was included within the exterior limits of a tract of land claimed as a Mexican grant, and therefore excepted from the congressional grant, as was held by a majority of this court in McLaughlin v. Heid, 63 Cal. 208 , it is competent in an action to quiet title based on a similar patent for the defendant to show that the land included in it was swamp and overflowed land, and therefore excepted from the congressional grant. In the case at bar it was admitted by the respective parties that over one half of each governmental subdivision of the land in controversy was and always has been swamp and overflowed land, and thereby rendered unfit for cultivation. The case of McLaughlin v. Held is binding on us, and on the authority of that case we must reverse the judgment and order of the court below.

Judgment and order reversed and cause remanded for a new trial.

McKinstry, J., concurred in the judgment.

McKee, J., concurred.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1890: 31894: 11908: 12026: 118902026peak 1890 · 3

Relies on it most ⓘ

  1. Williams v. City of San Pedro Etc. Co.94 P. 234 (Cal. 1908)
  2. South End Mining Co. v. Tinney35 P. 89 (Nev. 1894) · Dissent
  3. United Land Ass'n v. Knight23 P. 267 (Cal. 1890)
  4. United Land Ass'n v. Knight24 P. 818 (Cal. 1890) · Dissent
  5. Cucamonga Fruit-Land Co. v. Moir23 P. 359 (Cal. 1890)
  6. In re the Estate of: Paul D. AbramsNo. 40339-4 (Wash. Ct. App. Oct. 8, 2026)

Most recent

  1. In re the Estate of: Paul D. AbramsNo. 40339-4 (Wash. Ct. App. Oct. 8, 2026)
  2. Williams v. City of San Pedro Etc. Co.94 P. 234 (Cal. 1908)
  3. South End Mining Co. v. Tinney35 P. 89 (Nev. 1894) · Dissent
  4. United Land Ass'n v. Knight24 P. 818 (Cal. 1890) · Dissent
  5. Cucamonga Fruit-Land Co. v. Moir23 P. 359 (Cal. 1890)
  6. United Land Ass'n v. Knight23 P. 267 (Cal. 1890)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 1

DepthCaseCited by
McLaughlin v. Heid, 63 Cal. 208 (1883) 6

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