Fulton v. Brannan

Temple, C.

This is a contest for the purchase of land from the state, instituted in the land-office. The court awarded the land to plaintiff, and defendant appeals.

The land belongs to the class designated swamp-land, title to which was acquired by the state under act of Congress approved September 28, 1850. The plaintiff was an actual Settler upon the land, and the defendant was not. Under the finding of the court, that the land in controversy was suitable for cultivation, this became the turning-point in the case, — the court holding that section 3, article 17, of the state constitution was…