Page:Federal Reporter, 1st Series, Volume 5.djvu/698

686 FEDERAL REPORTER. �enth of May-— a picnio to take into consideration these mat- ters — ^at which it was exp'ected Judge Terry would deliver an opinion, or make an address, one or the other, upon the sub- ject. It is in testimony also, gentlemen, that the marshal, with Mr. Clark; the grader, who was familiar with the land, and who accompanied the marshal, to point ont the land, arrived at Hanford on the evening before, and on the morn- ing of the eleventh of May went in pursuit of Crow and Hart, who were two of the purchasers of the railroad lands, and whom he was directed to put in possession of certain lands, among them the lands claimed and possessed by Bra- den, and the land claimed and possessed by Storer and Brewer. The testimony tends to show that Hart had either purehased of the railroad company, or leased the lands held by Braden, and one other piece of land, and that Crow had purehased the land which was embraced in the judgmentand writ against Storer and Brewer; and that the company had authorized the marshal to put them in possession of those lands. �Now, gentlemen, tnoae lands being adjudged to be the property of the railroad company, whatever title the railroad company had in them, Hart and Crow had a right to pur- chase^ and no one had any right to interfere with their pur- chases. Whatever their interest was, whatever their title was, after the title had been adjudged to be in the company, Crow and Hart had a right to purchase it, and they had a right, by the assent or direction of the company, to be put in pos- session under those judgments and executions, and any one forcibly opposing their being put in possession would be act- ing in violation of. the law. • �Net finding Hart at the town of Hanford, the marshal and Mr. Clark startfed ûpon the road towards the land, as the tes- timony tends to show. They afterwards met them on the way,' aiid first went ■ to Braden's place. Not finding any one there, they removed his goods into the streets or county road, aiid the marshal delivered formai possession to Hart. They then went to the place of Storer & Brewer. They met Storer upon the way, and after some conversation in relation to the ����