City of Corinth v. Robertson ex rel. Alcorn County Chickasaw School Fund

Citations

• 125 Miss. 31
• 87 So. 464

Syllabus

<p>1. Public lands. State held to have acquired school sections only upon survey and extinguishment of Indian rights,</p> <p>The state of Mississippi acquired the right to the sections No. 16 granted to it for the use of schools by the Act of Congress of March 3, 1803, when, but not until, the right of occupancy of the Indian tribes was extinguished and the sections had been surveyed as provided by law.</p> <p>2. Public lands. Federal act held controlling as to terms of trust of school lands in Chickasaw Cession.</p> <p>The terms of the trust upon which the land was granted to the state .by the federal government for the use of schools in the Chickasaw Cession must be gathered from the Act of Congress of July 4, 1836, by which the grant was made.</p> <p>3. Public lands. Act granting land to state for schools in Chiclcasaw Cession held not to require use for schools in particular township. , •</p> <p>The Act of Congress of July 4, 1836, by which land was granted to the state for the use of schools in the Chickasaw Cession, does not require any part of the land, its proceeds, or the interest theron, to be' used for schools in any particular township.</p> <p>4. Public lands. Congressional act authorizing state to sell land reserved for schools does not affect trust under which state holds lands in Chiclcasaw Cession.</p> <p>The Act of Congress of May 19, 1852, authorizing the state to sell the land reserved for the use of schools, has no effect upon the terms of the trust under which the state held the lands granted to it for the use of schools in the Chickasaw Cession.</p> <p>5. Public lands. Upon vesting of title to school lands in Chiclcasaw Cession, state has full power of disposal.</p> <p>After the title of the state to the land granted to it by the Act of Congress of July 4, 1836, for the.use of schools in the Chickasaw Cession had vested, the state had full power to dispose of the land without the consent of Congress, and it was also beyond the power of Congress