Southern Pac. R. v. Ambler Grain & Milling Co.

Action brought by plaintiff, Southern Pacific Railroad Company, against defendant, Ambler Grain & Milling Company, to remove a cloud on plaintiff’s title to a strip of land in-Los Angeles county, claimed by plaintiff to be part of the 200-foot right of way granted to it by Act of Congress approved March 3,1871 ( 16 Stat. 573 ). The disputed tract is 50 feet in width, lies 50 feet distant from the center line of plaintiff’s main track, and is part of the southeast of section 12, township 1 south, range 12 west, San Ber-nardino base and meridian. Jurisdiction exists because the question at issue involves the construction of the United States statutes.

From the agreed statement of facts it appears that plaintiff is the owner of the right of way above described. The township containing the quarter section, in which the disputed tract is located, was surveyed in 1869 or earlier. The township map approved by the surveyor general on January 18, 1870, was filed in the United States Land Office at Los Angeles on February 11, 1870. The southeast % of section 12, which contains the disputed tract, was entered as a homestead by one William M. Tileston, defendant’s predecessor in interest, by…