Gaston v. Stott
Oregon Supreme Court
Appeal from Yamhill County. This is a suit to quiet the title to section twelve, township two south of range four west, of the Willamette meridian, the same being situate in Yamliill and Washington Counties.
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Appeal from Yamhill County. This is a suit to quiet the title to section twelve, township two south of range four west, of the Willamette meridian, the same being situate in Yamliill and Washington Counties. The complaint alleges that the defendant is in tbe possession of said lands; that they are swamp and overflowed lands, unfit for cultivation by reason of sucli swampy and overflowed condition; tliat tliey were granted to tbe State of Oregon by virtue of tbe provisions of the swamp land grant, made by Congress March 12, 1860, and that the State bas sold them to this plaintiff under the…
1Opinion of the Court
By the Court,
McArthur, J.:
The only question pressed upon the attention of this Court in the argument of this cause was, whether or not the “Swamp Land Act” of Congress, in itself, passed the title to the swamp and overflowed lands in Oregon to the State. Gaston holds under the State, Stott under the United States; hence a correct solution of the question presented will be decisive of the controversy.
By act of Congress of March 12, 1860, the provisions of the act of. September 28, 1850, commonly designated as the “Swamp Land Act,” were extended to the States of Oregon and Minnesota. The…
2Cases cited13 opinions
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