United States v. Southern Pacific Railroad
Citations
- 184 U.S. 49
- 22 S. Ct. 285
- 46 L. Ed. 425
- 1902 U.S. LEXIS 2317
Syllabus
<p>This case is a continuation of Southern Pacific Railroad Company v. United States, 168 U. S. 1, brought to quiet the title of the Government to lands within the limits of the forfeited granito the Atlantic and Pacific Railroad Company. The questions in this case arise between the United States and parties holding title or claiming rights to lands by deed from or contract with the railroad company. The title of the company having been adjudged void, the acts of March 3, 1887, 24 Stat. 556; of February 12, 1896, 29 Stat. 6; of March 2, 1896, 29 Stat. 42, were passed for the pnrpose of upholding the titles of parties who, in good faith, had purchased lands from railroad companies which, though supposed to be part of their grants, proved not to be so. The first section of the act of March 2, 1896, reads: “ But no patent to any lands held by a bona fide purchaser shall be vacated or annulled, but the right and title of such purchaser is hereby confirmed.” I[eld: 1. That the facts bring this case within the provisions of that section; and that the Circuit Court rightly confirmed the title to lands patented under it; 2. That the unpatented lands were so situated with reference to the constructed road of the Southern Pacific, as to be within the scope of its grant, and that the act was not intended to be limited to cases of purchases from the railroad company prior to its date ; 3. That while the act was remedial, and to be liberally construed, yet to sustain the purchase in controversy in this case as one made in good faith, would ignore the plainest provisions of law in respect to bona fide purchasers, and would uphold almost any kind of speculative purchase.</p>
Judges: Brewer
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