United States of America Plaintiff Vs Southern Pacific Company Et Al Defen
United States of America Plaintiff Vs Southern Pacific Company Et Al Defen
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In due course it was its duty to apply for them, unless they were "mineral" or appropriated. It could not be deprived of them unless they were mineral or otherwise appropri- ated. Seemingly, insofar as I can determine from the record, all lands involved herein were returned by the government surveyors as agricul- tural, i. E. , "non-mineral, " and in consequence there was a prima facie showing, sufficient at least to cast the burden of proof upon a possible objector, to the effect that the land...s were of the sort and kind con- templated by the grant. {Tulare Oil Co. Vs. S. P. Co. , 29 L. D. 269. ) 8 I advert to this situation because I think it dis- tinguishes this case, on the facts, from many other fraud eases, and particularly from the Diamond Coal & Coke case, supra. Presumptively, all the railroad company was intending to do, in making application for these lands was to become possessed of its own ; no ulterior motive may be inferred from the mere making of the application, or subsequent claim of the lands.
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To quickly assess the difficulty of the text, read a short excerpt:
In due course it was its duty to apply for them, unless they were "mineral" or appropriated. It could not be deprived of them unless they were mineral or otherwise appropri- ated. Seemingly, insofar as I can determine from the record, all lands involved herein were returned by the government surveyors as agricul- tural, i. E. , "non-mineral, " and in consequence there was a prima facie showing, sufficient at least to cast the burden of proof upon a possible objector, to the effect that the land...s were of the sort and kind con- templated by the grant. {Tulare Oil Co. Vs. S. P. Co. , 29 L. D. 269. ) 8 I advert to this situation because I think it dis- tinguishes this case, on the facts, from many other fraud eases, and particularly from the Diamond Coal & Coke case, supra. Presumptively, all the railroad company was intending to do, in making application for these lands was to become possessed of its own ; no ulterior motive may be inferred from the mere making of the application, or subsequent claim of the lands.
What to read after United States of America Plaintiff Vs Southern Pacific Company Et Al Defen?
You can find similar books in the "Read Also" column, or choose other free books by United States District Court California Southe to read onlineMoreLess
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