Kernan v. Griffith

Citations

• 27 Cal. 87

Syllabus

<p>Swamp and Overflowed Lands.—The Act of Congress of* September 28, 1S50, granting to California the swamp and overflowed lands within the State, vested in said State the absolute ownership of all of said lands then undisposed of, and the title of the State in no way depends upon the issuance of a patent to the State by the United States.</p> <p>Same.—The State of California, since the 28th day of September, 1850, has had the absolute power of selling the swamp and overflowed lands within its limits.</p> <p>Same.—The Government of the United States has no right to determine by an ex parte survey of its own what are and what are not swamp and overflowed lands in this State.</p> <p>Evidence as to Land being Swamp or ^Overflowed,—One who claims a tract of land under a patent issued to him hy this State, convoying the same as swamp and overflowed land is not bound, in an action of ejectment brought hy him against one claiming under the Homestead Act, by a survey of the United States designating the same as high land, but may introduce evidence of the real character of the land.</p> <p>Same.—The fact, whether a given tract of land is swamp or overflowed, or dry land, cannot he determined hy the separate decision of either the State or the United States, hut must be settled hy evidence given in the course of judicial proceedings.</p>