Grantham v. Atkins
Illinois Supreme Court
Appeal from the Circuit Court of DeWitt county; the Hon. Thomas F. Tipton, Judge, presiding. On the 10th day of May, 1870, the appellee, Samuel T. Atkins, obtained a patent from the United States to the north half of the southeast quarter of section 35, town 21 north, range 2 west of the third principal meridian, in Logan county, having entered the same and received the usual certificate therefor in August, 1869. At the date of the patent, the tract was claimed by Logan…
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Appeal from the Circuit Court of DeWitt county; the Hon. Thomas F. Tipton, Judge, presiding. On the 10th day of May, 1870, the appellee, Samuel T. Atkins, obtained a patent from the United States to the north half of the southeast quarter of section 35, town 21 north, range 2 west of the third principal meridian, in Logan county, having entered the same and received the usual certificate therefor in August, 1869. At the date of the patent, the tract was claimed by Logan county as swamp and overflowed land, tinder the act of congress of September 20,1850. It had been reported by the surveyor…
1Opinion of the CourtJustice Thornton
The chief defense to this action of ejectment is, that the land to which the plaintiff had a patent from the United States was swamp and overflowed land, and as such, and prior to the entry, the title was vested in the Statq, by force of the act of Congress of September 28, 1850. Brightley’s Digest, 492.
The true construction of the several acts of congress is, that these lands were subject to purchase until the law was complied with and the patent was issued to the State.
The first section of the act of 1850 enacts.that the whole of the swamp and overflowed lands shall be and the same are…
2Cited by3 opinions
- Wright v. RoseberrySupreme Court of the United States · 1887
- State v. Portsmouth Savings BankIndiana Supreme Court · 1886
- Thompson v. PrinceIllinois Supreme Court · 1873