Shanklin

Ejectment. Judgment for plaintiff. Motion for a new trial by defendants denied, and appeal from the judgment, and the order denying the motion.

The plaintiff claims title to the land in controversy under a patent of the United States issued to Willard Hodges, dated December 15, 1882, which was put in evidence, as was also a conveyance of the tract by Hodges to the plaintiff. The claim of Hodges is under the seventh section of the act of Congress of July 23, 1866, entitled “An act to quiet land titles in California.” (14 Stats, at Large, 220.) This section provides that when *374 persons in good faith, and for a valuable consideration, have purchased land of Mexican grantees or assignees, which grants have subsequently been rejected, or when the lands so purchased have been excluded from the final survey of any Mexican grant, and have used, improved, and continued in the actual possession of the same according to the lines of their original purchase, and when no valid adverse right or title (except of the United States) exists, such purchasers may purchase the same, after having such lands surveyed under existing laws, at the minimum price established by law, upon first making…

I concur in the judgment. The swamp-land grant of 1850 is one in preesenti, and passed the title to the lands as of its date, but it could not attach to any specific tract until it was determined by the proper officer that the land was swamp in character. Under the act of 1850 it was the duty of the Secretary of the Interior to make out accurate lists and plats, and transmit the same to the governor of the state, and at the request of the latter, cause patents to issue therefor. No provision was made for a review of his action in ascertaining and designating the character of the lands. Under the act of July 23, 1866, which was passed to quiet land titles in California, the duty of identifying swamp-lands by survey and segregation was put upon the surveyor-general, subject to the approval of the land commissioner. It was provided that a hearing might be had by the state before the surveyor-general, for the purpose of showing that the township plats were incorrect. Provision was also made for the adjustment of the claims of bona fide purchasers from Mexican grantees, where the land purchased had been excluded from the surve3r of the grant on its final confirmation. These contests…