McIntyre v. Sherwood

Hayne, C.

This was an action to determine a contest over the right to purchase from the state certain swamp and overflowed land. The trial court gave judgment for the plaintiff, but subsequently made an order granting a new trial, from which order the plaintiff appeals.

The plaintiff’s proceedings in the land-office were in proper form. And the evidence showed without conflict that he took possession of the land “ fifteen or twenty ” years ago, when “ it was mainly a tule-swamp on which the water stood a great part of the year that he dug ditches to drain the land, fenced it, and has ever since…