Michigan Land & Lumber Co. v. Rust

Citations

• 168 U.S. 589
• 18 S. Ct. 208
• 42 L. Ed. 591
• 1897 U.S. LEXIS 1748

Syllabus

<p>The act of September 28, 1850, c. 84, granting swamp lands to the several States, was a grant in prassenti, passing title to all lands which at that date were swamp lands, but leaving to the Secretary of .the Interior to determine and identify what lands- were, and what lands were not, swamp lands.</p> <p>Whenever the granting act specifically provides for the issue of a patent, the legal title'remains in the Government until its issue, with power to inquire into the extent and validity of rights claimed against the Government.</p> <p>Although a survey had been made of the lands in controversy which indicated that they were -swamp lands, it was within the power of the laud office at any time prior to the issue of a patent to order a resurvey and to correct mistakes made in the prior survey.</p> <p>The facts in this case clearly show an adjustment of the grant upon the basis of the resurveys, and their acceptance by the officer of the State charged by the act of Congress with the duty of so doing, and this makes such adjustment final and conclusive.</p> <p>The act of March 3, 1857, c. 117, did not operate to confirm to the State of Michigan the-title to all lands marked on the approved and certified list of January 13, 1854, as swamp and overflowed lands, and direct the issue of a patent or patents therefor, but it simply operated to accept the field notes finally approved as evidence of the-lands passing under the grant, leaving to the land department to make any needed corrections in the surveys and field notes.</p> <p>The decision in Martin v. Marks, 97 IT. S. 345, does not conflict with this construction of the act of 1857.</p>