Southern Pacific R. Co. v. United States, 228 U.S. 618 (1913)

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Southern Pacific Railroad Company v. United States

No. 269

Argued April 30, 1913
Decided May 26, 1913
228 U.S. 618

APPEAL FROM THE CIRCUIT COURT OF APPEALS

FOR THE NINTH CIRCUIT

Syllabus

The Land Grant Adjustment Acts of 1887 and 1896 did not provide for any recovery of interest on amounts for which the railroad companies were required to account for lands erroneously patented to them and sold by them to bona fide settlers, and there was no liability for such interest until the determination of the amounts for which the companies were liable to account.

In view of the whole situation, and all the circumstances involved in the determination of the amounts for which the Southern Pacific Railroad Company was liable to account under the Land Grant Adjustment Acts, held that such company was not liable for interest until after the amount due from it to the government had been liquidated, and should be computed only from the date of the commencement of the suit brought by the government to recover the same.

187 F. 737 modified and affirmed.

The facts, which involve the construction of the Land Grant Adjustment Acts and the liability of the Southern Pacific Railroad Company thereunder for interest on amounts received by it for land erroneously patented to it and the date from which such interest should be computed, are stated in the opinion.