MLlaughlin v. Fowler
Before: McKinstby
Synopsis
Land Granted to the Central Pacific Railroad Compant.—Land included within the exterior boundaries of a Mexican grant, an application for the confirmation of which was pending when the grants were made to the Central Pacific Railroad Company by the Acts of Congress passed July 1st, 1862, and July 2nd, 1864, and which grant was afterwards rejected, did not pass to said Railroad Company by said Acts of Congress.
Gases Overruled.—Central Pacific Railroad Co. v. Yelland, Same v. Robinson, and Kaiser v. McLaughlin, overruled in above case.
By the Court, McKinstby, J.: The determination of this case depends upon the proper construction of certain statutes of the United States. The precise question presented has been passed upon by the Supreme Court of the United States, in Newhall v. Sanger, 92 U. S. R. 761. Newhall v. Sanger overrules Central Pacific R. R. Co. v. Yolland; Same v. Robinson, and Raiser v. McLaughlin, 49 Cal. 438, 446, 449.
Judgment and order affirmed.
¡Neither Mr. Chief Justice Wallace nor Mr. Justice Rhodes -expressed an opinion.
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