Barrett v. Brooks
Supreme Court of Iowa
Appeal from Folic District Court. Swamp land: power op counties oyer: statutes CONSTRUED : POWER TO AID TO BUILD BRIDGES, &G. — This case relates to the same bridge, and involves many of the same questions decided in Bell v. Foutch et al, ante. For a more full statement reference is made to that case. The present cause also involves some questions not presented in the Bell case. Only such additional facts will be here stated as will enable the present cause to be understood.
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Appeal from Folic District Court. Swamp land: power op counties oyer: statutes CONSTRUED : POWER TO AID TO BUILD BRIDGES, &G. — This case relates to the same bridge, and involves many of the same questions decided in Bell v. Foutch et al, ante. For a more full statement reference is made to that case. The present cause also involves some questions not presented in the Bell case. Only such additional facts will be here stated as will enable the present cause to be understood. The plaintiff is a tax payer of Polk county residing outside of the city of Des Moines. The defendants are the board of…
1Opinion of the CourtDillon, J.
i. swamp limpie.60 I. The first point made by the appellant is, that under the act of congress of 28th September, 1850 (& H. S. Stat. at Large, 519), swamp lands or their proceeds, cannot be used, nor can the legislature of the State authorize them to be used, for any purpose except to reclaim the lands by means of levees and drains.
By the act of congress, it is provided that a patent shall issue to the State for these lands; “ and on that patent,” it is declared that “ the fee simple to said lands shall vest in the State, subject to the disposal of the legislature thereof: Provided, however,…
2Cases cited3 opinions
- The People v. . Simeon DraperNew York Court of Appeals · 1857
- Board of Supervisors v. BurchellIllinois Supreme Court · 1863
- Allison v. HalfacreSupreme Court of Iowa · 1861
3Cited by17 opinions
- King County v. Seattle School Dist. No. 1Supreme Court of the United States · 1923
- Soper v. Henry CountySupreme Court of Iowa · 1868
- King County v. Seattle School District No. 1Supreme Court of the United States · 1923
- County of Clark v. StateNevada Supreme Court · 1948
- C., R. I. & P. R. Co. v. GrinnellSupreme Court of Iowa · 1879
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