Yoakum

The Act of March 27th, 1872, (Stats. 1872, p. 587) is not a curative act; it is a grant from the State. It is as follows:

This statute vests the title in the grantees. No further muniment of title is necessary. No patent is necessary. “ The title of the State is hereby vested.” In the land contests provided for by the statute the legal title is still in the State, and the 'question submitted to the Court is: Who is entitled under the law to a conveyance from the State ?

It was the evident intention of the Legislature, in making the grant, to take away even the power of the State to institute proceedings to recall the title, for the statute provides that when a certificate of purchase or patent has been issued, the title of the State is vested. But in case of patents the title has already .vested, and there must have been some object in inserting such a provision. It is apparent what it is for, when the last proviso is considered, which excepts from the operation of the act more than three hundred and twenty acres of school lands. But the statute had provided for nearly twenty years that one purchaser should not be allowed, directly or indirectly, to purchase more than three…