Washington telegraph., 1865-02-01


irg the words grant, bargain. sell and convey
i, net csmpstent witness for Lis grantee iz =
suit between sueh grantee and third persnp
concerning the title te the lands.
When on sR appeal from a decree in chsnc.rv
the question presented TO tAis court j. On. sim
Div Of fact, it il precisely as it would ba If tle
parties had bad ii tried before jury On an III
sue out Of ehanceTyr 1nl, ths verdict beiEg
against the appellants, their motion for q n-r
trial had bseH sFerTnlsG.
Even If We thought the weight OF the teTti-
mony against the finding should net
disturb il, unless it was Palpably and glaringly
wrsug-
If tnsrs Is merely dosbt, or prepon aersase
OF testimony way or tbs other, shs 6Hding
below must remain conclusive.
By the words Of the act of Congress Of 81.
tender 2s. Ic5D, all the lands in the Stale W len
were Swamp and Ovsrhowsd and thereby usi.
for cultivation, Immediately paEs-s 70 and ves.-
ed in the State.
The provisions Of the 5th section Of the a..
Of January III, I557, must ~ construed To - !
consent the part Vt Ihe stale to receive from
the United States fhe purchase money Raid tD
the latter for only such 0f tia. swamp lands a.
tie State esnld rightfully T.linqui.h; AMI uo
for any which any person mignl obtain right
70 against tho state before the purchase d
the by another from the United States
= Under the act Of January IL, 1851, l=yee
contractor hae a preference night Of entry u
lands IN the a. and adjacent 10 his front ls2ds:
and ne might make his selection seiOrs be rad
esmplrtsd his ley-ss
The Law OF January g, 1851. did net say ta.t
he snOHld ret seitct hi. land until alter Es had
finished his work; but only that when he hAd
done both he should furnish the numDe VI tks
lsnd to Ehe commissioners, and rsc-iV- from
them a. certificate.
MhaE hr had finished tho work III he lad s.
lrcted the Lands and furnished the nuIuB1I. ~
the commissioner, MS sright 10 the Land WAS cen
pIHf-r nksLEeT ne eV4r o oJtaIHed ceTIl-IraIs o.
not
Ne matter at what date be selected the lands;
if nc finished the work, in whole or in part, and
tine commissioner approved and recsiveI il. ana
the amount due for u WAS enough 20 paw for III.
lands, they became bis, sns Ii, title, if src-s-
rsry, against any Intervening purchaser o.
claimant, would relate 10 the Ilth January
ls5l, which day the right OF preferences IA
building the l-yees and taxing these lasls j.
payment vested
His right OF pra-eEaDtio was 10 al die la-as
ia rear VI and adjacent " &C. tEuIl lzrl
right lines
Ths selection in Chi ca.a W. maze br Il f-tt-r
aear-sArd ~ tas cOnEliss0ner, NEish THE ST.
fci-nt
And the entries in tie book kept Jv ~ ssru-
HssIunrr, whether ii was a recon- Vi Eut. a.
surhci-nt ~ prove The selections snl aBpiicz-
tons noted ia il, where tse c0Ers.onsr hss
sworn that Hs satsTed then, csr. -c,y tlsrs.
Wien a. tiles it IN tss oli " TO- sosr5 il
bscsms sufficient evidence to iEs sosrt oE = ries
10 base Ia cont s-ipns
ss sntrs Of tEv 1P-lIae having been eea-
hrmod ~ tza te@n ssisB-r IrriI decision is
eoHrlHsr. aslfEE property ia FsacEed
H. - raErm-s in favsr eI tar c1nziEt.an-
crs EAAt lasF sat-d On sEttigiaII Gaia and eF-
1HHE4.
In ecm-fasisserE had pe~tr 10 rsv fer the
-erh - Ok saF.Hctd towards rsRapI=tiaR
&c aTE-iire laa = prr-eR piiea right and vas
Only botIa -a pay for the lad "A sus ~ar. hr
dsIhE sns WORK uRa.TtskeR sr lin a suffieieE.
aEosli, - CsTsain UEs sss is suasrs.=es
vita MIA soHtBrE
" nstssr q" sads knows his selection .f TIE
lands ssoser ar -stsr, Sc that Ee eid rot psrzi;
his night 90 -zp.s BY abandonment. made rs
difference ir rsso only na=serizl thai be Ehsse
10 % WGta o o-fsTs k- wsrE was iinisass sAs
IsseiTss Affirmed
PwErrrrrEp