Charlton v. Southern Pacific R. Co.

BELCHER, C. The plaintiff commenced this action on September 30, 1890, to quiet his title as against the defendant to a tract of land in Los Angeles county, described as “fractional section 7, in township 2 north, range 16 west, San Bernardino base and meridian,’’ The complaint alleged “that the plaintiff is now, and for a long time hitherto has been, in the possession of and is the owner (subject only to the paramount title of the United States) of that certain real property situate,” etc. The answer denied the plaintiff’s possession or ownership of the land described, subject only to the paramount title of the United States, admitted that defendant claimed an interest in and to said property adverse to the plaintiff, and denied that its claim was without right. It then alleged, in substance, that the land in controversy was granted to defendant by act of Congress of March 3, 1871; that a map of definite location of the grant, including the land in controversy, and showing the same to be within the twenty-mile limit of the grant, was filed by defendant in the office of the commissioner of the general 'land office on April 3, 1891, and that defendant completed its railroad opposite to the said land in 1876; “that by reason of the aforesaid acts this defendant is the owner of the land in controversy, and is entitled to the patent therefor”; “that the said lands and premises have never been finally and completely surveyed by the proper officers of the United States, so that a patent therefor could issue, but this defendant is informed and believes, and so states the fact to be, that, when the proper returns of the survey of said lands are made, a patent will forthwith issue for the said lands and premises to this defendant.” The case was tried without a jury, and the court found: “ (1) The plaintiff was not at the time of filing the complaint herein, or for any length of time prior thereto, and is not now, the owner or in possession, subject to the paramount title of the United States, of the land described in the complaint, or any portion thereof; [159](2) The land described in the complaint is unsurveyed government land, and within the twenty mile or granted limits of the grant to the Southern Pacific Railroad Company, the defendant herein, made by Congress of the United States, on March 3, 1871; that said grant was duly located by a map of definite location, which was filed by the defendant in the office of the commissioner of the general land office on April 3, 1871; that said map of definite location included the land in controversy, and showed the same to be within the granted limits of said grant to the defendant herein; that the defendant completed its railroad from a point at or near Tehachapi Pass, by way of Los Angeles, to Fort Yuma, opposite the land in controversy, in the year 1876, and had its road fully equipped and in running order in the said year, and has continued to have its road in such condition ever since. ’ ’ Judgment followed in favor of defendant, from which, and from an order denying a new trial, the plaintiff appeals.