“ The plaintiffs hold patents from the United States, issued in 1890 and 1892, for certain lots on the Idaho side, opposite the island, and claim it under these patents, while the defendant insists that it remains public land, and that he has a possessory right to it, acquired by settling thereon in 1894, and subsequently improving and cultivating it. ”

“ The patents under which the plaintiffs claim described the lots by giving the numbers assigned and the acreage accredited to them on the plat, and then saying, 'according to the official plat of the survey of the said land returned to the General Land Office by the Surveyor General.' The trial court concluded that the island remained unsurveyed public land, and that the plaintiffs' lands extended only to the river, and rendered judgment against the plaintiffs. ”

“ They appealed, and the supreme court of the state held, one member dissenting, that the patents passed the title not only to the lots as shown on the plat, but also to all islands lying between them and the thread of the stream. The judgment was accordingly reversed and a new trial ordered to determine whether the plaintiffs had lost title to the island through adverse possession. 14 Idaho, 598, 95 Pac. 513. Upon the new trial judgment was given for the plaintiffs and the defendant appealed. The supreme court, in deference to our intermediate decision in Scott v. ”