Stephenson v. Stephenson

This was an action of ejectment. The plaintiff claimed title under the swamp land grant of September 28th, 1850, and the defendant under the railroad grant of June 10th, 1852. The ease was tried on the theory that it was only necessary for the .plaintiff to show that the land sued for was in fact swamp land on the 28th day of September, 1850. The fact that it was swamp land at that date within the meaning of the act o'f Congress, would be sufficient to show that it was not included in the railroad grant of 1852. But that fact was not of itself sufficient to confer title upon the State, or the…