Cent. Pac. R.R. v. Robinson

Citations

• 49 Cal. 446

Syllabus

<p>Selection op Lieu Land.-—A selection of land, as lieu land, in place of the sixteenth and thirty-sixth sections granted to this State, made before the land selected has been surveyed by the United States, is unauthorized and void.</p> <p>Pbaotice on Bevebsal op Judgment.—If a judgment was rendered before the passage of the Code of Civil Procedure, and there was no finding of facts or agreed statement of facts, the Supreme Court, on reversing the judgment, will not direct a judgment to be rendered in favor of the losing party.</p> <p>Act op Congbess op July 23, 1866, concebning State Lands.—The Act of Congress of July 23, 1866, confirming selections of public land made by or on behalf of this State under grants of Congress, which selections were void when the Act passed, did not have the effect of confirming the title of the State to a selection of an odd section within the belt granted by Congress to the Central Pacific Bailroad Company of California, by the Acts of July 1, 1862, and July 2, 1864.</p> <p>Land G-bant to Centbal Pacipio Bailboad Company.—The odd sections of land included within the boundaries of a rejected Mexican grant which was rejected after the passage of the Acts of Congress of July 1, 1862, and July 2, 1864, granting land in aid of the construction of the Central Pacific Bailroad Company of California, passed, by said Acts, to the railroad company, and the State, after the passage of said Acts, could not select such sections as lieu lands.</p>