Southern Pacific Railroad v. Painter

Citations

• 113 Cal. 247
• 45 P. 320

Syllabus

<p>Vendor and Purchaser—Specific Performance—Failure of Title— Congressional Grant—Construction of Contract with Railroad Company—Determination against Patent—Counterclaim.—In an action by the Southern Pacific Railroad Company to compel specific performance of a contract for the sale of land, claimed by it under congressional grant, in which it was stipulated that in case it be finally determined that patent shall not issue to it for the land sold, it would refund all money paid under the contract, it is a defense to the action, and forms the basis of a counterclaim for the recovery of the money paid under the contract, that the lands contracted for were within the overlapping limits of the grant to the Atlantic and Pacific Railroad Company, and that it has been finally determined by the land department of the United States, and by the supreme court of the United States, that no patent should issue to the Southern Pacific Company for any land within those limits; and the contract is not to be construed as requiring a distinct final adjudication as to the specific tract agreed to be sold, which is but a small fraction of a very large tract claimed by the railroad company under the same title, but as contemplating a final decision of the question as to the railroad company’s right to the tract, including the lands contracted for.</p> <p>Id.—Judicial Notice—Construction or Act oe Congress—Decision op United States Supreme Court.—All other courts are bound to take judicial notice of the decisions of the supreme court of the United States, and that it is the ultimate tribunal for interpreting and determining the effect of an act of Congress, and that its decision thereupon is binding upon all other courts.</p>