Thompson v. Prince

Citations

• 67 Ill. 281

Syllabus

<p>1. Limitation—«s against the United States and its grantee. Where land, the title to which was in the United States, had been sold for taxes thereon, and the purchaser had been in possession under his tax deed, and paid all taxes assessed thereon for more than seven successive years before suit brotight, and before the land was granted by patent by the United States: Held, in ejectment by the patentee against such party in possession, that the action was not barred by any statute of limitations.</p> <p>2. Swamp lands—title did not pass by act of Sept. 28í7¿, 1850. The act of Congress of Sept. 28,1850, relating to swamp and overflowed lands, did not, of itself, operate as a grant of such lands to the several States in which they were situated, without any act of segregation. Under such act lists and plats were required to be made, and a patent to issue, before the fee in the lands should be vested in the several States.</p> <p>3. Grant—where patent not necessa/ry. Where an act of Congress makes, in express terms, a grant of specific lands belonging to the United States, no patent or other assurance is necessary to pass the fee to the grantee. But if anything remains to be done by the grantor or grantee to consummate the grant after the passage of the law, it will not take effect and vest the title until such act has been performed.</p>