38 Minn. 409 | Minn. | 1888
This is an action to recover the possession of certain saw-logs, which had been cut on lands in the state of Wis
The defendants contend that these acts of congress were not grants in prmsenti, except as to the lands lying within the 6 and 10-section limits. As the case is presented to us, and in the view we take of the evidence on the trial, it is entirely immaterial whether, under the acts, there is in that respect any difference between the two classes of lands, — that is, the lands in place, and those to be selected as deficiency or indemnity lands. For, conceding, as plaintiffs contend, that as to all the lands the acts were grants in prmsenti, yet as to none of them did the acts, without anything else, pass the title to any specific lands. The title passed to lands to be afterwards located and ascertained. Whenever their location became certain, the title,
Plaintiffs claim that the patent from the governor, in connection with the acts of congress and of the state legislature, establishes that-the title had passed from the United States to the state. We have seen what, under the acts of congress, was necessary to pass the title to specific lands from the United States. We know of no rule or principle of law upon which the declaration or act, however solemn, of the legislature or governor of the state, may stand in lieu of the-performance of the things which the acts of congress made necessary to attach the title to any specific lands. There is a law of Wisconsin (Rev. St. Wis. § 4153, as amended by Laws 1880, c. 18) which, so-far as bearing on this ease, reads: “Every deed or patent which shall have been at any time executed and delivered by the governor, purporting to convey any lands granted to the state by the United States to aid in the construction of railroads, or military roads, or any swamp or overflowed lands, shall be received as presumptive evidence of the-facts therein stated, and that the grantee named therein became-vested thereby, at the date thereof, with an absolute title in fee to-the lands therein described.” The patent of a state, when regular on its face, — that is, when it is in proper form, is signed by the proper officer, and has the proper seal, — is everywhere evidence of the passage of the state’s title to the land. The patent, like the deed of an individual, passes the title. But if the law we have quoted goes beyond this, and makes the patent presumptive evidence of the state's-
Order reversed, and new trial ordered.