Henderson v. Blair

Citations

• 102 Miss. 640
• 59 So. 856

Syllabus

<p>1. Swamp and Overflowed Lands. Act Cong. Sept. 28, 1850, chapter 84, 9 Stat. 519. Construction. Conveyance by State. Grant to States.</p> <p>Under the Act of Congress Sept. 28, A. F., 1850, chapter 84, 9 Stat. 519, 7 Fed. Stat. Ann. 399, granting to the several states in which such lands were situated the swamp and overflowed lands remaining unsold, etc., the issuance of a patent from the general government was unnecessary in order to perfect the title of the state, for title vested immediately upon the passage of the act and became complete upon the identification of the lands.</p> <p>2. Statutes. Construction.</p> <p>One of the cardinal rules in the construction of a statute is that the legislative intent must be determined from the view of the whole act with reference to the subject matter to which it applies.</p> <p>3. Same.</p> <p>A legislative grant of lands, acquired by the state from the general government in trust for a public purpose, to a county in furtherance of such purpose, is not a donation, and rules for the construction of governmental gifts should not be strictly applied thereto. Such a grant does not require for its validity the use of the technical terms found in ordinary conveyances of land, and should be sustained if it can reasonably be done.</p> <p>4. Public Lands. Grants to states. Conveyance Toy state. Construction.</p> <p>Under Laws of Mississippi, Called Session 1852, page 57, which designates certain named persons as commissioners to select and sell the swamp and overflowed land situated in the county of Monroe for the purpose of reclaiming swamp lands, etc., as amended by its Laws of 1854, page 550, which provided that the commissioners appointed by the Act of October 20th, A. D. 1852, should report to the board of police of Monroe county the number of acres selected by them, etc., and that such board should appoint a swamp land commissioner, invested with full power to sell the land and apply the proceeds to special purposes and exp