Fulton

This is a contest for the purchase of land from the state, instituted in the land-office. The court awarded the land to plaintiff, and defendant appeals.

The land belongs to the class designated swamp-land, title to which was acquired by the state under act of Congress approved September 28, 1850. The plaintiff was an actual Settler upon the land, and the defendant was not. Under the finding of the court, that the land in controversy was suitable for cultivation, this became the turning-point in the case, — the court holding that section 3, article 17, of the state constitution was applicable. Whether it applies to swamp-land at all, is the only question of importance in this appeal.

That the state has a clearly defined policy upon the subject generally is quite evident from the section in question and the preceding. They are as follows:—

The policy of the state is here declared to be against selling any lands suitable for cultivation in tracts in extent exceeding 320 acres, or to other than actual settlers. .And this policy is greatly emphasized by the preceding section, which plainly declares that the holding of large tracts, uncultivated, is against the public *456…