Illinois Central Railroad v. County of Union

Citations

• 94 Ill. 70

Syllabus

<p>1. Swamp lands—when selected by Illinois Central Railroad Co. Swamp and overflowed lands selected by the Illinois Central Railroad Company in lieu of other lands sold or pre-empted, after the list thereof properly certified was filed for record in the proper county, can not be recovered by the county in which they lie, as the legal title to such lands is in the railroad company and not in the county.</p> <p>2. Under the two grants to the State of Illinois of lands for the purpose of constructing a railroad, and that of swamp and overflowed lands, the State took the whole legal title, with full power of disposition, without regard to the uses for which the lands were granted.</p> <p>3. Upon the selection of the lands granted the State for railroad purposes, by the Illinois Central Railroad Company, as provided in the statute, the grant to the State under the act of Congress of Sept. 20, 1850, became certain, and the grant attached to the particular lands selected, and the title to them vested in the railroad company.</p>