Yuba Investment Co. v. Yuba Consolidated Gold Fields

This is an action to quiet title. Both the plaintiff and the defendant deraign title through a common source. Judgment in favor of plaintiff at a former trial was reversed (Yuba Inv. Co. v. Yuba Consol. G. Fields, 184 Cal. 469 [ 194 Pac. 19 ]). Upon a retrial judgment was again rendered in favor of the plaintiff 'from which the defendant appeals, presenting the record in a bill of exceptions.

By Act of Congress of March 1, 1893, the California Debris Commission was created. The purpose of its creation among other things was to make examinations and surveys along the tributaries of the Sacramento River in order that the storage of mining and other debris might be provided for. During the year 1900 the commission desired to acquire certain lands in Yuba County owned by James O’Brien and others for a settling basin to clear the waters of the Yuba River of detritus caused by hydraulic mine dredging and to prevent the detritus from finally reaching the Sacramento River and obstructing its navigable channel. To that end O’Brien, under date of December 6, 1901, executed a deed of conveyance to the United States of America of certain lands in Townships 15 and 16 north, Range 5 east, M.…