Page:Federal Reporter, 1st Series, Volume 2.djvu/515

From Wikisource
Jump to navigation Jump to search
This page needs to be proofread.

503 FEDERAL REPORTER. �The land was approved and patented to the state of lowa by the United States, for the use of Cerro Gordo county, and on the thirteenth of March, 1868, was patented by the state to Cerro Gordo county, and as this patent recites, in detail, the history of the title, it is here set out in full : �"State of lowa: To ail to whom these Presents shall corne — Qreeting: �"Whereas, by the act of congress approved Septeraber 28, 1850, entitled 'An act to enable the state of Arkansas, and other states, to reclaim the swamp lands within their limits,' it is provided that ail the 'swamp and overjiotved lands' made unfit thereby for cultivation, within the state of lowa, which remained unsold at the passage of said act, shall be granted to said state; and, whereas, by an act of the general assem- bly of the state of lowa, approved February 2, 1853, entitled 'An act to dispose of the swamp and overflowed lands within the state, and to pay the expanses of selecting and surveying the same,' and other acts amending or supplemental thereto, the said swamp and overflowed lands, and the indemnity therefor, were granted to the counties respectively in which the said swamp and overflowed lands may lie or be situated; �"And, whereas, by the first section of the act of congress, approved the second of March, 1855, 'for the relief of pur- chasers and locators of swamp and overflowed lands,' author- ity is conferred, on certain conditions, to purchasers or loca- tors, who have made entries of the public lands claimed as swamp lands, either with cash or with land-warrants, or with Bcrip, prior to the issue of patents to the state, as provided by the second section of the act approved September 28, 1850; �"And, whereas, by the second section of the act aforesaid of the second of March, 1855, it is provided, among other things, that upon due proof being produced to the commis- sioner of the general land office, as therein mentioned, that the class of lands that had been located by warrants or scrip are swamp lands, within the meaning of said act of 1850, that said Btate shall be authorized to locate a quantity of like ����