Morrison Waite

“ The act of 1841 provided for a grant by the United States of lands to be selected by the state in such manner as the legislature should direct, and the legislature did, by the act of 1852, in effect, direct that a location of warrants by the holder should operate as a selection by the state of the particular tract located as part of the lands granted. That perfected the right of the state to the land under the act of congress, but gave the locator no rights as against the United States. ”

“ Hastings claimed that Thomas, whose title he had, was the first locator, and therefore, under the legislation of the state, in equity the first grantee of the state, while Jackson claimed that the Thomas location was invalid, and that, consequently, his own title was the best. Both parties thus claimed under the state, and neither asserted title from the United States except through the state. ”