Chicago Quartz Mining Co. v. Oliver

Citations

• 75 Cal. 194
• 16 P. 780
• 1888 Cal. LEXIS 506

Syllabus

<p>' • Grant to Central Pacific Railroad—Mineral Lands not Included —Conclusiveness op Patent—Evidence op Character op Land.— A patent issued by the United States government to the Central Pacific -Railroad Company, for land included within the boundaries of the grant 'mude to it by the act of Congress of July I, 1862, and the amendatory act of July 2, 1864, is not conclusive evidence that the land covered by the patent is non-mineral in character; and a person claiming the land under a subsequent mining patent, in an action by him to quiet his title against a grantee of the railroad company, may show that the land is mineral, and therefore excepted from the operation of the grant to the company, and upon such showing being made, is entitled to have his title quieted.</p>