purchasers, and result in'a.:multiplicity Of suits to enforce'their payment.' , :' '.';' <An will therefore be 'entered overruling the demurrer, with leave to the defendants 'to answer within 20 days.
BOYLE'·· FARMERS' LOAN & TRUST CO. (two caselJ). HUNTINGTON
' May 31, 1898.)
(Oircuit' Court ot Appeals, Fifth OIrcult. Nos. 661, 662,663.
RAtLROADS-S,\,LIl ON FORECLOSURE__RIGHTS
The of railroad property at foreclosure sale,11J not entitled to theeal'Jilngs Of the l'olfd after confirmation, where he has persistently delayed compliance with his bid, and has not paid the purchase money.
Appeals from the Circuit Court of tpe United States for the Eastern District of
, ', ,No.
J. A. Baker and R. S. Lovett, for appellant. L. W. Campbell, M. F. Mott, and J. P. Blair, for appellee.
J. P. Bll;lir, J. A. Baker, and R. So Lovett, for appellant. L. W. Campbell and M. F. Mott, for appellee.
" J.P. Blair, for 'appellant L. W. Campbell and M. F. Mott, for appellee. BeforePARDEE, Circuit Judge, and SWAYNE and P ARLANGE, District JUdges. ", PER CURIAM. The record s1?-ows that the Pacific Improvement Oompany is the real party in interest represented in these several appeals,that company being the purchaser represented by Wilbur F. Boyle, and owner of the 614 bonds;' which said Boyle represents, and the owner of the Lackawanna cla]in set up as a lien prior to that of the first mortgage bonds; that the purchaser atthe sale under the 'decree,' and' as a part of the' consideration, and in addition,' to the sum l:!id, took the property upon the express condition that he would payoff and satisfy, among others, the Lackawanna claim; and that the reserc 'Vation of the of $187,000 out of the earnings Of the road to await of the supreme court of the Lackawanna claim is in the llirect'tntei'est of the appellants., Neither in law nor in equity is the purchaser under the foreclosure sale entitled to the earnings of the property slncil the decree of' confirmation, because,' among other things, he' has persistently delayed complying with his hid. There is merin* any' The effect of the ap' within'wllich the'pnrchaser was ori-ered b:r th'e!circuit court to complY' With his bid. We notice, in the terms (}f under which the sale was made, the court reserved the right to resell the property upon the failure of the
APIS V. UNITE.D STATES.
purchasers, ,or their successors or assigns, to comply within 20 days with the order of the court with regard to paying in the balance of the purchase price. The decree of November 12,1897, requiring the purchaser to comply with his bid, is amended so as to insert in lieu of the 13th day of December, 1897, the' 1st day of July, 1898, as the time within which the purchaser shall comply with his bid and pay in the balance of the purchase price, and, as amended, the said decree is in all respects affirmed; and thedecree of November 12, 1897, denying the purchaser's right to the earnings of the railroad property since the confirmation of the sale, is also affirmed.
APIS et aI. v. UNITED STATES (DIstrict Court. S; D. California. No. 846. 1.
GRANT OIl' LANDS
February 21. 1898.)
Act Jan. 12, 1891, and the patent Issued in pursnance thereto, granting to the Mission Indians a portion of the lands embraced within the Mexican grant, "La Jolia Rancho," are valid, llnd withdrew the lands 80 granted from the operation of Act Jan. 28, 1879, permitllng the legal representatives, successors, or assigns of Jose and Pablo Apis to lIti'gate in the United States district court of California their claim to such lands. The permission accorded the legal representatives, successors, or assigns of Jose and Pablo Apis, by Act Jan. 28, 1879, to litigate their claim and title to "La Jolla Rancho"in the United States district court of California, was a gratuity on the part of the United States, and revocable at any time before final decree in such proceedings.
SPECIAL ACT ADVERSE CLAIMS -
JUDICIAL INVESTIGATION-POWER OF CONGRESS.
MEXICAN LAND GRANT-RmHTS GRANTED BY SPECIAL ACT-HEVOCATION.
TITLE TO LANDS IN MEXICAN GRANT BUIWEN OF PROOF.
Act Jan. 28, 1879, permitting the legal representatives, successors, or assigns of Jose and Pablo Apis to litigate their claim to "La Jolla Rancho" In California, provides, inter alia, that no lands shall be confirmed to said claimants to which there are valid adverse 'claims under any laws of the United States: that, before filing their claims, such claimants shall ,execute releases to persons In possession of any portion thereof under valid claim; and that the court, before rendering a decree of confirmation, shall ascertain that said releases have been duly executed. Held. that when such claimants fall to affirmatively show that no part of the land claimed by them was possessed by persons having valid claims thereto January 28, 1879, or, if so held, that claimants had, before bringing their suit, cuted valid releases to such persons, their claim must be rejected.
Byron Waters and Max Loewenthal, for plaintiffs. Frank P. Flint, U. S. Atty., and James R. Finlayson, Asst U. S. Atty. WE1LBORN, DistrictJudge. This action was instituted by plaintiffs, as heirs at law of Jose and Pablo Apis, against the United States, under a speciaJ act of congress appt'oved January 28, 1879, as follows:
"An act for the adjndication of title to lands claImed by Jos6 and Pablo Apia, in the state of Qalifornia. "Be it by the senate and house of representatives of the United States of America In assembled, that the legal representatives, BUe-