Clarkson v. Buchanan
Supreme Court of Missouri
Appeal from Macon Circuit Court. I. The act of September 28th, 1850, (9 U. S. Stat., 519,) did not pass the title in fee to said States, proprio vigore and unconditionally, for want of words of present grant. The words in the first section are “ shall hef and same are hereby, granted to said State. The words “ shall be ” import futurity within themselves.
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Appeal from Macon Circuit Court. I. The act of September 28th, 1850, (9 U. S. Stat., 519,) did not pass the title in fee to said States, proprio vigore and unconditionally, for want of words of present grant. The words in the first section are “ shall hef and same are hereby, granted to said State. The words “ shall be ” import futurity within themselves. But when construed in connection with the following words in the second section of said act, there can be no doubt about it, viz: “ It shall be the duty of the Secretary of the Interior, as soon as may be practicable after the passage of…
1Opinion of the CourtWagner, Judge
This was an action of ejectment to recover the possession of a tract of land in Macon county containing forty acres.
The petition was in the usual form, and the answer was a simple denial, raising the general issues. The plaintiff to show title in himself, read in evidence :
First — An act of Congress, approved September 28th, 1850, entitled “ An act to enable the State of Arkansas, and other States, to reclaim the swamp lands within their limits.”
Second — The act of the General Assembly of the State of Missouri, entitled “An act donating certain swamp and overflowed land to the counties in…
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