Sutton

The plaintiff claims title to the premises in controversy under a patent issued by the United States, May 20, 1873; and the defendant claims title under a patent issued by this State, as for swamp and overflowed land, March 25, 1867. If the title to the land vested in the State by virtue of the act of Congress of September 28, 1850 — known as the Arkansas Act—or by operation of the act of Congress of July 23, 1866 (14 U. S. Stats. at Large, 218), and proceedings had under that act, then the plaintiff’s patent was void; but if the title did not so vest in the State, the plaintiff’s patent is valid and vested the title in him.

It was not contended on the argument that the land was in fact swamp and overflowed land; but it is claimed by the defendant that the title vested in the State by operation of the act of July 23, 1866. The case was tried in the court below, and argued in this Court on the theory that the first section of the act is applicable to lands of this character, and that it was incumbent on the defendant to show that his grantor was a purchaser, in good faith, from the State. But counsel are wrong in both positions. It was unnecessary for the defendant to show that he…