Carr v. Central Pacific Railroad
Before: McKinstry
Synopsis
Legislative Grant — Construction—Timber — Definition.—By the Act of Congress of July 1st, 1862, entitled “ An Act to aid in the construction of a railroad, etc.,” the timber growing on the odd-numbered sections of public mineral land of the United States was granted to the Central Pacific Railroad Company of California; and under the term timber is included all trees and wood. Held, accordingly, that a subsequent patentee of such lands took no title to the timber.
Mr. Justice McKinstry, presiding. The words of the grant are very broad. We all think that this judgment will have to be affirmed. The language seems to be about as broad as it can be : that “ the timber thereon is hereby granted.” The only possible doubt would be as to whether “ timber ” included all trees and wood.
[193]Hale & Craig, for Respondent.—There is no controversy as to that, I understand.
Mr. Justice McKinstry.—Judgment affirmed.
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