The Northeastern Reporter
The Northeastern Reporter
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In our eReader you can find the full English version of the book. Read The Northeastern Reporter Online - link to read the book on full screen. Our eReader also allows you to upload and read Pdf, Txt, ePub and fb2 books. In the Mini eReder on the page below you can quickly view all pages of the book - Read Book The Northeastern Reporter
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Sixth. A patent to the state for swamp lands is- sued by the secretary of the interior is evidence that the designated tracts were properly selected as swamp lands, and fixes the title thereto as of the date of the swamp-land act, namely, September 28, 1850.
Seventh. If the secretary of the interior has not designated any particular tract as swamp land, and has not decided to the contrary, and neglects and refuses to act in the premises, as against wrongful claimants, it may be shown by parol, ...in behalf of the state, or those claiming under it, that the land is in fact swamp land. This results from the neces- *sity of the case, as the courts have no power to compel action by that officer. French v. Fi/an, eiipra. The admission of such evidence is somewhat in line with the rule that admits parol evidence to identify the land intended to be conveyed. {}uy v. Bamea^ 29 Ind. 103; Hawr mand v. Stoy, 85 Ind. 452; Rucker v. Stedman, 73 Ind. 896. Eighth.
While it may be that the state, in the absence of some statutes of its own to the contrary might convey its rights to and interest in any par- ticular tract of land before it is s^regated as swamp land, and such segregation approved by the secretary of the interior, the title of such grantee would be liable to be defeated by a decision by that officer that such land was not or is not swamp land within the meaning of the swamp- land act of 1850.
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To quickly assess the difficulty of the text, read a short excerpt:
Sixth. A patent to the state for swamp lands is- sued by the secretary of the interior is evidence that the designated tracts were properly selected as swamp lands, and fixes the title thereto as of the date of the swamp-land act, namely, September 28, 1850.
Seventh. If the secretary of the interior has not designated any particular tract as swamp land, and has not decided to the contrary, and neglects and refuses to act in the premises, as against wrongful claimants, it may be shown by parol, ...in behalf of the state, or those claiming under it, that the land is in fact swamp land. This results from the neces- *sity of the case, as the courts have no power to compel action by that officer. French v. Fi/an, eiipra. The admission of such evidence is somewhat in line with the rule that admits parol evidence to identify the land intended to be conveyed. {}uy v. Bamea^ 29 Ind. 103; Hawr mand v. Stoy, 85 Ind. 452; Rucker v. Stedman, 73 Ind. 896. Eighth.
While it may be that the state, in the absence of some statutes of its own to the contrary might convey its rights to and interest in any par- ticular tract of land before it is s^regated as swamp land, and such segregation approved by the secretary of the interior, the title of such grantee would be liable to be defeated by a decision by that officer that such land was not or is not swamp land within the meaning of the swamp- land act of 1850.
What to read after The Northeastern Reporter?
You can find similar books in the "Read Also" column, or choose other free books by West Publishing Company to read onlineMoreLess
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