Bristol v. County of Carroll

Citations

• 95 Ill. 84
• 1880 Ill. LEXIS 151

Syllabus

<p>1. Swamp lands—lands need not be swamp or overflowed. The act of Congress granting swamp and overflowed lands to the State of Illinois, required the Secretary of the Interior should transmit a list of such lands in this State to the Governor, and under that act the lands described in such list became vested in the State, whether they were swamp or overflowed lands or not.</p> <p>2. Same—proof of title. The list and plats of swamp- lands transmitted to t ie Governor, under the act of Congress of September. 28, 1850, by the Secretary of the Interior, and a duly certified copy of the list of such lands, certified by the Auditor to the county clerk, of the swamp lands in a county, under the acts of the legislature granting the same to the several counties in which they are situated, will be sufficient evidence to show title in the county to the lands embraced in such lists and lying in such county.</p> <p>3. Riparian owners—right to alluvial formations. To entitle a party to claim the right to an alluvial formation, or land gained from a lake by alluvium, the lake must form a boundary of his land. If any land lies between his boundary line and the lake, he can not claim such formation.</p> <p>4. Same—when he takes to center of stream. Where the fee in a water course does not belong to the grantor, no words of description in his grant will convey to the center of it; and when the United States has passed its title to land bordering on-and covered by a lake, a subsequent grant of adjoining land, purporting to bound it on the lake, will not invest the grantee of the second grant with the right to take to the center of the lake, and such grantee will have no right to alluvial formations therein.</p> <p>5. Possession—its extent. Where a mere intruder enters upon land, he will acquire possession only of the part he occupies. The mere naked possession, without color of title, is adverse only to the extent of the actual inclosure, which must be definite and notorious.</p>