Mitchell v. Smale
140 U.S. 406 (1891)

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U.S. Supreme Court

Mitchell v. Smale, 140 U.S. 406 (1891)

Mitchell v. Smale

No. 167

Argued January 23, 26-27, 1891

Decided May 11, 1891

140 U.S. 406

ERROR TO THE CIRCUIT COURT OF THE UNITED

STATES FOR THE NORTHERN DISTRICT OF ILLINOIS

Syllabus

Plaintiff, a citizen of Illinois, sued in ejectment to recover possession of lands in that state claimed to have been granted to plaintiff's ancestor by a patent of the United States, making the tenant a citizen of that state, defendant. The owner, under whom the tenant claimed, a citizen of New York, appeared and on his motion was made party defendant. He then set up title under another patent from the United States, and moved for a removal of the cause first, upon the ground of diverse citizenship, which was abandoned, and then, secondly, that there was a controversy involving the authority of the Land Department to grant a patent. Held that the case was removable for the second cause.

Hardin v. Jordan, ante,140 U. S. 371, affirmed to the point that in Illinois, under a grant of lands bounded on a lake or pond which is not tidewater and is not navigable, the grantee takes to the centre of the lake or pond ratably with other riparian proprietors, if there be such, and that the projection of a strip or tongue of land beyond the meandering line of the survey is entirely consistent with the water of the pond or lake being the natural boundary of the granted land, which would include the projection, if necessary to reach that boundary.

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