Campbell v. Wortman
Supreme Court of Missouri
Appeal from. Adair Circuit Court. I. The act of Sept. 28, 1850, was by its terms an absolute grant of all swamp lands, and if this land was actual swamp land, which fact is undisputed, so far as the evidence is concerned, then whether the defendants have title or not, the plaintiff cannot recover, having no legal title. (9 U. S. Stat. at Large, 519, § 1; Hann. & St. Joe. R. R. vs. Smith, 9 Wall., 95; Clarkson vs. Buchanan, 53 Mo., 563.)
1Opinion of the CourtWagner, Judge
The decision in this case rests entirely upon the question whether the Act of Congress 1850, to enable the State of Arkansas and other States, to re-claim the swamp lands within their limits conferred a present or vested grant of the lands to the States in which they were situated, or whether some further and ulterior action upon the part of the government officers was necessary to render the act effective.
The court refused to instruct the jury that if they believed from the evidence that the lands sued for were, on the 28th day of September, 1850, swamp or overflowed lands, and thereby…
2Cases cited3 opinions
- Railroad Co. v. SmithSupreme Court of the United States · 1870
- Hannibal & St. Joseph Railroad v. SmithSupreme Court of Missouri · 1867
- Clarkson v. BuchananSupreme Court of Missouri · 1873
3Cited by3 opinions
- Wells v. Pennington CountySouth Dakota Supreme Court · 1891
- Palmer v. BoornSupreme Court of Missouri · 1883
- Stonum v. DavisSupreme Court of Missouri · 1941