Weaver v. Fairchild

Citations

• 50 Cal. 360

Syllabus

<p>Pbe-emptoes on Raidboad Lands.—If the line of the Pacific Railroad was definitely fixed before a pre-emptor, living on an odd section granted to said road, which had been surveyed, had filed his declaratory statement, then, although he afterwards files such statement and receives a patent, the railroad company has the better title.</p> <p>Commissioned of Genebad Land Office.—The Commissioner of the General Land Office being authorized to perform executive duties relative to the public lands, under the direction of the Secretary of the Interior, when it appears that he has withdrawn railroad land from pre-emption, it will be presumed that it was withdrawn by the direction of the Secretary of the Interior.</p> <p>Raidboad Lands.—When railroad lands, granted to the Pacific Railroads, are withdrawn from pre-emption and sale by the direction of the Secretary of the Interior, it will be presumed that the railroad company had filed a map designating the general route of the road.</p> <p>Pbestjmptions as to Ofetoiad Acts.—The presumptions are that the act of an officer, with the general scope of his powers and duties, was correctly performed.</p>