United States v. Southern Pac. R.

This is an action in equity to cancel a patent to land described as section 13 in township 11 north, range 6 east S. B. B.- & M. Damages are also prayed for. Patent was issued to Southern Pacific Railroad Company pursuant to the provisions of the act of grant of July 27, 1866 ( 14 Stat. 292 ). The Southern Pacific Land Company holds legal title to the land covered by the patent. The land company is of the same ownership as the Southern Pacific Railroad Company, acts as a subsidiary of the -former, and occupies no position in this action which would entitle it to assert any of the rights of an innocent transferee. All of the other defendants-named, except the Sugar Lime Rock Company, are trustees holding security property of the two defendants first named. The Sugar ’Lime Rock Company, under lease contract made on June 5, 1914, took lime rock from a quarry in the northwest quarter of the section. This com *547 pany is made a defendant because the government seeks to recover damages on account of the removal of that rock from the land.

By the terms of the act referred to there was granted to the railroad company sections of odd numbers, to the amount of “ten alternate sections of…