Southern Pacific Railroad v. McKittrick Oil Co.

The plaintiff brought this action to quiet its title to certain tracts of land in Kern County, described as lots 1 and 2 and south half of the southeast quarter of section 1, in township 30 south, range 21 east, Mount Diablo base and meridian. Judgment was entered in favor of the defendant, and the plaintiff appeals therefrom.

Plaintiff’s claim of title is based upon a patent dated January 25, 1896, from the United States government to plaintiff of a large number of parcels of land, one of which was designated as all of fractional section 1, containing 641.40 acres, in said township 30. The same patent also granted the northeast quarter of section 11, containing 160 acres, and being in the same township. A survey of the lands in that township, approved April 27, 1869, and known as the Reed survey, was the only official survey.of that section until the year 1893. A second survey, known as the Carpenter survey, was approved on November 18, 1893. In some Land Department eases this is called the survey of 1894. By the Carpenter survey the former section 1 was preserved and marked on the Carpenter map as “S. P. R. R. Co. Lot 37.” It was not attached to any section, according to the…