McLaughlin v. Powell

Citations

• 50 Cal. 64
• 1875 Cal. LEXIS 84

Syllabus

<p>Gbant of Lands to Oentbal Pacifio Railboad Company of Galifobnia.— The Court assumes, for the-purposes of a decision, that lands containing cinnabar or quicksilver are mineral lands, within the meaning of the act of Congress passed July 1, 1862, granting lands to the Western Pacific Railroad Company of California to aid in the construction of a railroad.</p> <p>Patent to Railboad Lands as Evidence.—A patent to the Western Pacific Railroad Company of California, of land granted to said company by Congress to aid in building its railroad, is relevant evidence tending to prove the title of the company to the land granted, in an action of ejectment brought by the company or its grantee, without first proving that the land is not mineral.</p> <p>Ejectment to Recoveb Railboad Lands.—The question not decided, whether the plaintiff in ejectment, who relies on a patent to the Western Pacific Railroad Company, must prove that the demanded premises are not mineral lands, or are not within the exceptions contained in the grant.</p> <p>Evidence in Action' to Becoveb Railboad Lands.—If the plaintiff, in ejectment, relies on a patent to the Western Pacific Railroad Company of California, for land granted to aid in the construction of its railroad, which patent excepts from the transfer all mineral lands, the defendant may prove that the demanded premises are mineral lands.</p> <p>Exception in Patent.—A patent to the Western Pacific Railroad Company which excepts from the transfer “ all mineral lands, should any be found to exist in the tracts described,” does not convey lands which are mineral.</p> <p>Idem.—The fact cannot be assumed that all the lands described in such patent are mineral lands, as the exception does not necessarily extend to all the tracts granted.</p>