Tubbs v. Wilhoit

Syllabus

<p>The swamp land grant of September 28, 1850, to the several States was- in, prasenti, and upon identification of the lauds thereunder in lawful mode, title thereto related back to the date of the grant.</p> <p>The identification originally prescribed by the action of the Secretary of the Interior was changed as to such lands in California by the act of July 23, 1866, 14 Stat. 219, section four thereof prescribing new and additional modes of identification.</p> <p>That act provided, among other things, that (1) all lands represented as ■ swamp and overflowed on township plats, the surveys and plats of which townships had been made under the authority of the United States and approved, were to be certified to the State by the commissioner of the general land office within prescribed periods; and (2) existing State segregation maps and surveys of such lands found by the United States Surveyor General to conform to the existing system of the -United States were directed to be made the basis of township plats, to be thereafter constructed and approved by that officer, and forwarded to the commissioner of the general land office for approval.</p> <p>In 1864, United States subdivisional-survey of the township embracing the land in controversy in this suit was made and approved by the United States surveyor general, and a copy of the plat thereof, also approved by him, was filed in the proper local land office. On such approved plat certain parts were colored green, and mai-ked “ swamp and overflowed' ■ land,” and excluded from the estimated aggregate area of public lands shown thereon, and were included in the estimated area of swamp and overflowed land in that township. In August and September; 1864, under authority of state law, one Kile applied to purchase the land in controversy from the State under the swamp land grant, secured the requisite survey and the approval thereof by the State surveyor general; and in August, 1865, .having made full payment to the State rec